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NY C86467



April 29, 1998

CLA-2-95:NEW:TCB II:DO5-C86467

CATEGORY: CLASSIFICATION

TARIFF NOS.: 9503.90.0045; 9503.90.0070

Ms. Marjorie Shapiro
Samuel Shapiro & Company, Inc.
The Bourse Building Suite 735
111 S. Independence Mall East
Philadelphia, PA 19106-2521

RE: The tariff classification of a toy gun and accessories from China.

Dear Ms. Shapiro:

In your letter dated April 14, 1998, on behalf of your client Unique Industries, Inc. you requested a tariff classification ruling.

With your letter you submitted a sample of two items. Item #9076 is called a "Confetti Gun", and comes packaged with ten refill cartridges. Item #9077 consists of 10 "Confetti Gun" refill cartridges. The cartridges are loaded one at a time into the muzzle of the gun. When the trigger of the gun is pulled, the cartridge explodes with a loud pop and a stream of confetti or streamers shoots out. The gun is painted a bright pink, yellow, and green, and appears to comply with the marking requirements for toy imitation firearms.

The applicable subheading for the "Confetti Gun" will be 9503.90.0045 Harmonized Tariff Schedule of the United States (HTS), which provides for Other toys; Other...... Other: Other toys and models. The applicable rate of duty will be free.

The applicable subheading for the "Confetti Gun" refill pack will be 9503.90.0070 Harmonized Tariff Schedule of the United States (HTS), which provides for Other toys; Other..... Other: Parts and accessories. 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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