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NY B85398




May 30, 1997

CLA-2-95:L:OFO:D22 B85398

CATEGORY: CLASSIFICATION

TARIFF NO.: 9503.80.0010

Ms. Tammy Locke
Wholesale Supply Company, Inc.
International Division
7100 Service Merchandise Dr.
Brentwood, TN 37027

RE: The tariff classification of a toy skull from China

Dear Ms. Locke:

In your letter dated May 9, 1997, you requested a tariff classification ruling.

A sample was enclosed with your request. The article is referred to as "Realistic Skull Light & Sound" and identified as item #23270GEY. The sample is a motion activated toy skull made of painted molded plastic. The adult human size skull rests on a small pedestal and has an electric motor that is powered by three 1.5 volt batteries. A switch on the back of the skull and a sensoring device allows the jaw to open and close. A scary laughing sound is emitted with the movement of the jaw. The sensor also activates a miniature flashing light located in each eye socket.

The applicable subheading for the toy skull 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.

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.

Sincerely,

Leticia Moran
Port Director

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