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NY B87116



July 22, 1997

CLA-2-95:NEW:TCB II:DO5-B87116

CATEGORY: CLASSIFICATION

TARIFF NO.: 9503.90.0030

Ms. Patti Howley
Import Transportation
Costco Wholesale
999 Lake Drive
Issaquah, WA 98027

RE: The tariff classification of the "Light Em' Up N' Sound Car" and the "Light Em' Up N' Sound Loco" from China.

Dear Ms. Howley:

In your letter dated June 24, 1997, you requested a tariff classification ruling.

With your letter you submitted samples of the "Light Em' Up N' Sound Car", and the "Light Em' Up N' Sound Loco". The "Light Em' Up N' Sound Car" consists of a brightly colored plastic police car. The "Light Em' Up N' Sound Loco" consists of a brightly colored plastic locomotive. Both items have a light on the front that is operated by a switch. Each item also has a button that makes police car type sounds, or locomotive type sounds, when pushed. Both items are packaged together in a single retail package.

The applicable subheading for the "Light Em' Up N' Sound Car" and for the "Light Em' Up N' Sound Loco" 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 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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