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NY 810589

June 21, 1995

CLA-2-95:S:N:N7:225 810589


TARIFF NO.: 9503.80.0010; 9503.49.0020

Mr. A. Silvey
Silvey Shipping Co., Inc.
Bldg. 75 North Hangar Road Suite 211
JFK Int'l Airport
Jamaica, N.Y. 11430

RE: The tariff classification of a toy pumpkin and jointed plastic skeletons from China

Dear Mr. Silvey:

In your letter dated May 5, 1995, received in this office on May 22, 1995, you requested a tariff classification ruling.

Three samples were submitted with your inquiry. Item #653316, "Twinkle Shakin' Mutant Pumpkin", is a battery operated, plastic pumpkin. The pumpkin has miniature light bulbs behind his eyes, a painted on mouth and sculpted nose. Two movable arms made of rubber are attached to either side of his head. A string is affixed to the top of the pumpkin for hanging. The item operates on three "AA" size batteries which are not included. When the switch is turned on the pumpkin shakes, his eyes light up and an eerie sound is produced.

Item numbers 653300-006, "Twinkle 36" Jangling Bones" and number 653336-006, "36" Skeleton Bones", are both plastic representations of a human skeleton. The articles are three dimensional in form and have movable joints. "Jangling Bones" operates on three "AA" size batteries which produces sound and activates his eyes to light up. This skeleton figure will come in an open cardboard box that is intended to depict a coffin.

The applicable subheading for the "Twinkle Shakin' Mutant Pumpkin", item #653316, will be 9503.80.0010, Harmonized Tariff Schedule of the United States (HTS), which provides for other toys and models, incorporating a motor, and parts and accessories thereof: toys (except models): incorporating an electric motor. The rate of duty will be free.

The applicable subheading for the "Twinkle 36" Jangling Bones", item #653300-006 and "36" Skeleton Bones", item #653336- 006, will be 9503.49.0020, Harmonized Tariff Schedule of the United States (HTS), which provides for toys representing animals or non-human creatures: other: toys not having a spring mechan- ism: other. The rate of duty will be free.

This ruling is being issued under the provisions of Section 177 of the Customs Regulations (19 C.F.R. 177).

A copy of this ruling letter should be attached to the entry documents filed at the time this merchandise is imported. If the documents have been filed without a copy, this ruling should be brought to the attention of the Customs officer handling the transaction.


Jean F. Maguire
Area Director

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