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NY D81377

August 24, 1998

CLA-2-95:D:C:DO3 D81377


TARIFF NO.: 9503.50.0020

Mr. Harold W. Stewart
The I.C.E. Co., Inc.
P.O. Box 610583
Dallas/Fort Worth Airport, Texas 75261-0583

RE: The tariff classification of toy musical instruments manufactured in China, Hong Kong, Taiwan or South Korea

Dear Mr. Stewart:

In your letter dated August 13, 1998, you requested a tariff classification ruling on behalf of Rhythm Band Inc., 1314 E. Lancaster, Fort Worth, Texas 76102.

You provided a sample of each item.

One article is a 7 1/2 inch diameter yellow plastic tambourine with five sets of metal disks. Another is a set consisting of a 6 1/2 inch wooden tone block with an 8 inch striking stick having a wooden ball on one end. There is a triangle set consisting of a 4 inch metal triangle and a 6 inch striking rod of metal. The final two articles are a set of two plastic kazoos and a set of rhythm sticks. The rhythm sticks set has one plain 10 inch stick and one 10 inch stick with grooves running the length of the stick similar in appearance to a screw gear.

With the exception of the rhythm sticks, all articles are packaged in blister packs having a logo of a printed cartoon animal among green leaves, the name of the article and a marking indicating the article is for a child's play. The rhythm sticks are packaged in clear plastic with the name of the importer printed along its length.

The applicable subheading for each of the described articles is 9503.50.0020, Harmonized Tariff Schedule of the United States (HTS), which provides for Other toys; Toy musical instruments and apparatus and parts and accessories thereof. This classification is free of duty.

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.


David F. Greenleaf
Port Director

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