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NY B85708



June 23, 1997

CLA-2-95:NEW:TCB II:DO5-B85708

CATEGORY: CLASSIFICATION

TARIFF NO.: 9503.80.0010

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

RE: The tariff classification of a "Sonic Shaky Skull", and a "Sonic Shaky Ghoul" from China.

Dear Ms. Locke:

In your letter dated May 23, 1997, you requested a tariff classification ruling.

With your letter you submitted samples of your item numbers 22001GAF, the "Sonic Shaky Skull", and item 22002GAF, the "Sonic Shaky Ghoul". The country of origin for both items will be China. Both items consist of a plastic housing which contains a battery operated sound mechanism and a shaking motor. The housing is covered with either a plastic skull, or with a plastic ghoul-like figure. Each item has a string that enables it to be hung. When a switch on the plastic housing is turned on, any sharp noise, such as a hand clap, will cause the plastic housing to shake, the figure to light up, and the item to emit an eerie laugh or scream.

The applicable subheading for the "Sonic Shaky Skull" and for the "Sonic Shaky Ghoul" 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 applicable 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.

Sincerely,

Kathleen M. Haage

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