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PD A83296

May 23, 1996

CLA-2-95:L:CO:D22 A83296


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 toy articles from China

Dear Mr. O'Shea:

In your letter dated May 1, 1996, you requested a tariff classification ruling on behalf of your client, Simon Marketing, Inc., of Los Angeles, California.

Submitted with your inquiry were five toys made of molded plastic. All the toys are intended for children under the age of three and are miniature versions of toys marketed by a well-known toy manufacture. None of the toys contain a spring or other wind-up mechanism.

The items for our review described with their individual features were as follows:

1) "Girl in Popping Convertible Car" is a toy car with free-rolling wheels on metal axles. It measures approximately 2 inches in height and 2 inches in length. The toy consists of a girl's head attached to the top portion of a convertible sports car. In front of the girl's head is a clear plastic bubble that acts as a windshield and houses small plastic beads of varying sizes. There is a cylinder-like plastic piece similar to a piston that is located in the hood and connected by an internal gear attached to the wheels of the car. The wheel movement of the car causes the plastic piece to move up and down generating a popping sound and propelling the beads against the plastic bubble.

2) "Lime Green Jeep with Fuchsia Roll Bar" measures 2 inches in height and 3 inches in length. The toy is a lime green plastic jeep vehicle with blue interior and fuchsia roll bar. It has free-rolling wheels which are connected to the car by metal axles.

3) "Purple Rolling Face Toy" is a purple plastic dome-like figure encased over a purple plastic ball. Molded to the front of the toy casing are two hands. Above the two hands is an egg-shaped opening that reveals four different facial expressions imprinted on the inner ball. The underside of the toy has a circular opening revealing a portion of the inner ball and allowing it to roll back and forth. Contained within the inner ball are beads which cause a rattling noise when the toy is moved.

4) "Clown Pop-Out Toy" is a toy in the shape of a structure that measures approximately 3¬ inches in length, 2¬ inches in width and 1¬ inches in depth. It is depicted as a drive-thru window of a quick service restaurant. The toy structure is molded to represent red roof shingles on top, yellow bricks on the sides and a blue shuttered window on the front. The raised design on the top front of the roof has the logo and lettering trademark of a fast-food restaurant. On the bottom front portion of the structure is a red square plastic button that controls an internal catch mechanism that releases the blue shuttered window. When the button is slid to the right the window "pops" forward and reveals the bust of a clown figure.

5) "Rolling Pinwheel Locomotive" is a toy molded to represent a white locomotive with a red front and four blue free-rolling wheels connected with metal axles. The toy train measures 3 inches in length, 2« inches in height, and 1 in width. Printed decals of a bear wearing an engineer's hat are attached to the two side windows of the cab. Inserted to the smoke stack of the locomotive is a yellow and orange free wheeling circular knob in a pinwheel pattern with a notched rim. The applicable subheading for all the toys will be 9503.90.0030, Harmonized Tariff Schedule of the United States (HTS), which provides for "Other toys...: Other: Other: 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.


Leticia Moran

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