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NY B87227





July 18, 1997

CLA-2-95:RR:NC:2:224 B87227

CATEGORY: CLASSIFICATION

TARIFF NO.: 9506.99.6080

James F. Carroll
J.M. Rodgers Co., Inc.
90 West St. Ste 1510
New York NY 10006-1039

RE: The tariff classification of a pitching machine from China.

Dear Mr. Carroll:

In your letter dated June 30, 1997, you requested a tariff classification ruling on behalf of Sportcraft Ltd.

The article is a battery operated automatic pitching machine made essentially of hard plastic and measuring approximately 24 by 24 by 9 inches in size. It is described as capable of automatically throwing a baseball-size whiffle or foam ball (but not a regulation baseball/softball), a regulation tennis ball or street hockey ball after receiving a remote "pitch" command from the user. The product can also pitch a ball every eight seconds when operated on automatic mode. The balls can be pitched to a distance of 16 feet or greater, the ball's movement can be set to one of three speeds, and the angle of pitch can be adjustable.

Given the fact that the machine does not pitch a regulation baseball or softball and the lack of accuracy of the pitch range, the machine is viewed as having limited practice and training potential. However, we see this product as possessing a fundamental sport recreational value for children ages 7 to 10 years and consequently, it is classifiable in the tariff provisions for sport equipment.

The applicable subheading for the pitching machine will be 9506.99.6080, Harmonized Tariff Schedule of the United States (HTS), which provides for "Articles and equipment for general physical exercise, gymnastics, athletics, other sports or outdoor games...: Other, Other." The rate of duty will be 4.3 percent ad valorem.

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 Tom McKenna at 212-466-5475.

Sincerely,

Gwenn Klein Kirschner
Chief, Special Products Br.

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