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NY A82363




April 25, 1996

CLA-2-95:RR:NC:FC: 225 A82363

CATEGORY: CLASSIFICATION

TARIFF NO.: 9503.90.0030

Ms. Helene Chip
Shelcore Toys
347 Elizabeth Avenue
Somerset, N.J. 088733-1101

RE: The tariff classification of a toy disk from China

Dear Ms. Chip:

In your letter dated April 9, 1996, received in this office on April 10, 1996, you requested a tariff classification ruling.

A sample of "Splatters", item #02631, was received in this office. The article consists of two foam disks which may be soaked in water and tossed. The foam disks are designed purely for amusement purposes.

Although some rulings may be issued based upon a photograph and descriptive literature, this is not always the case. It is only when an article's use is clearly established from either the photo or literature presented that this office will rule on a product. Your inquiry does not provide enough information for us to give a classification ruling on the "Bellow Fish" (#02678), "Water Baseball" (#02851) or "Shark Hockey" (#02852). Your request for a classification ruling should include a sample of each product in the condition in which it will be imported (include retail package). Are there rules on how to play with the "Water Baseball" or "Shark Hockey"? Is there point accumulation, a win/lose situation, etc.? If instructions exist for any of the articles please include them.

The applicable subheading for the "Splatters", item #02631, 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 Part 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.

Sincerely,

Roger J. Silvestri
Director,

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