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NY C82063

December 19, 1997

CLA-2-95:RR:NC:SP:225 C82063


TARIFF NO.: 9503.90.0045; 9506.91.0030

Ms. Rosy Curbelo
Almacenes Pitusa
Call Box 839
Hato Rey Station
San Juan, Puerto Rico 00919-0839

RE: The tariff classification of bubble blowing toys and a jump rope from China

Dear Ms. Curbelo:

In your letter dated November 20, 1997 you requested a tariff classification ruling.

A photocopied picture of each item was submitted with your inquiry. The "Water Splasher Set", item #H-80-I-099, consists of a pump action water gun, measuring 15.5 inches in length, and a miniature water gun, measuring 4.5 inches in length. The two piece set will be imported attached to a display card.

The "Water Squirter", item #H-80-I-0239, consists of two water squirting toys. The large squirter measures 8.5 inches and the smaller version measures 3.5 inches. Both articles will be imported packaged together on a blister card.

The "Super Squirter", item #H-80-I-8030, is a water gun that measures 17 inches in length. The article is available in assorted styles which include: a multi-direction shooting ability with a neon colored water tank, and a straight shooter with translucent orange colored water tank. Each style will be individually tied to a display card.

The "Bubble Set and 7 ft. Jump Rope Play Set", item #H-80-I-5147 includes assorted plastic wands, tray, bubbles and a 7 ft. jump rope. All will be imported packaged together on a blister card. Since the articles are not put up for one specific need or activity (blowing bubbles is unrelated to jumping rope), the items must be separately classifiable.

The "Sea Shell Bubble Pipe", item #H-80-I-0154, consists of four assorted packs of bubble blowing toys. Each package contains a bubble pipe, tray and bubbles imported on a blister card.

The applicable subheading for the "Water Splasher Set", "Water Squirter", "Super Squirter", "Bubble Set" (wands, tray and bubbles only) and "Sea Shell Bubble Pipe" will be 9503.90.0045, Harmonized Tariff Schedule of the United States (HTS), which provides for other toys: other: other toys and models. The rate of duty in 1997 and 1998 will be free.

The applicable subheading for the "7 ft. Jump Rope" will be 9506.91.0030, HTS, which provides for articles and equipment for gymnastics, athletics, other sports or outdoor games, other, gymnasium or other exercise articles and equipment, other. The duty rate will be 4.6 percent ad valorem. As of January 1, 1998, the rate of duty will remain the same.

According to Public Law 100-615 an imitation firearm which resembles a real weapon must have a blaze orange solid plug, permanently affixed, recessed no more than 6 millimeters from the muzzle end of the barrel or must satisfy the requirement by other approved methods.

This office is unable to determine, from the pictures submitted, whether any of the described water guns, meet the marking requirements of Public Law 100-615; 15 U.S.C. 5001; 15 CFR Part 1150; Federal Register Vol. 54, No. 86, pp 19358 (May 5, 1989). The Department of Commerce has final authority in this matter. For further information, please contact, the Office of Deputy Chief Counsel, Department of Commerce at (301) 975-2803.

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 Alice J. Wong at 212-466-5538.


Robert B. Swierupski

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