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NY 816742

December 14, 1995

CLA-2-95:RR:NC:FC: 225 816742


TARIFF NO.: 9503.90.0030

Mr. Brian J. O'Shea
McKenna & Cuneo, L.L.P.
1575 Eye Street, N.W.
Washington, D.C. 20005

RE: The tariff classification of plastic tub toys from China

Dear Mr. O'Shea:

In your letter dated November 17, 1995, you requested a tariff classification ruling on behalf of your client Simon Marketing, Inc.

Three samples were submitted with your inquiry. The "Lion in Barrel" (Wrin No. 6236-09) depicts the plastic head of a lion inside a blue plastic barrel. The lion's head may be pushed up through the open barrel using one's fingers. The head is not removable and gives the impression that the lion is peaking out over the barrel.

The "Bird on Boat" (Wrin No. 6236-06) is comprised of a half figure of a bird within a boat. The bird is depicted as rowing a boat with it's wings wrapped around a pair of oars. The boat is intended to float in water and has a movable paddle in the rear portion. The paddle is affixed to a thin wire axel which enables it to freely spin.

The "Bathtub Book" (Wrin No. 6236-12) is a vinyl-covered, foam padded, bath book. The book consists of just two panels which fold at the center. A little story is conveyed solely through pictures with no written text.

The applicable subheading for the "Lion in Barrel" (Wrin No. 6236-09), "Bird on Boat" (Wrin No. 6236-06) and "Bathtub

Book" (Wrin No. 6236-12) will be 9503.90.0030, Harmonized Tariff Schedule of the United States (HTS), which provides for other toys (except models), not having a spring mechanism. 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 the ruling or the control number indicated above should be provided with the entry documents filed at the time this merchandise is imported. If you have any questions regarding the ruling, contact National Import Specialist Alice J. Wong at 212-466-5538.


Roger J. Silvestri

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