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NY D82091

September 23, 1998

CLA-2-95:RR:NC:SP:225 D82091


TARIFF NO.: 9503.90.0045; 9503.70.0000; 6306.22.9030

Ms. Linda L. Murray
Wilson UTC
5422 W. Rosecrans Ave.
Hawthorne, CA 90250

RE: The tariff classification of assorted toys and a child's tent from China

Dear Ms. Murray:

In your undated letter, received in this office on September 3, 1998, you requested a tariff classification ruling on behalf of Uncle Milton Industries, Inc.

Two samples and descriptive literature were submitted to this office. The first sample is called a "Terra Colony Habitation Module." The article is a tent for children's use which incorporates the design of a space module. You have provided the following component material breakdown of the tent: 58% by area of nylon (28% weight), 29% by area of plastic (32% weight), 10% by area of mesh (2% weight) and 3% by area of fiberglass poles (38% weight). Upon assembly, the tent will measure 47 inches high by 15 square feet of surface area on the ground. The tent features a zippered entry, floor, storage compartments, an opening to accommodate a telescope and a plastic dome shaped top. This product may be used outdoors as it provides some protection from the elements.

The next sample, a "Hydropak Drink Unit", is intended to resemble a drinking container used by astronauts. The product is constructed with an inner cylinder to hold a powder drink mix. The clear outer cylinder serves to store up to 8 oz. of liquid (water is suggested). In order to combine the ingredients, one must turn the bottom cap slightly then shake. The resultant drink mixture may then be consumed by flipping up a retractable drinking spout. This item will be packaged on a blister card. It is the opinion of this office that, due to the product's size, construction and limited capacity to serve as a legitimate drinking conveyance, the article will be considered a toy for classification purposes.

A picture of the "Robotic Extender Arm" depicts a hand held toy with a grip style claw. The "arm" has a trigger activated telescopic extension for up to five additional inches in length. It contains three different options for grasping articles of varying sizes. A light pops up for nighttime use. The item operates on two AA size batteries (not included). It will be packaged on a try-me style card.

The "Mission Communicators" are a set of walkie-talkies with a 200 foot range (limited capacity). The set includes two multi-function wrist units and two headsets. Each operates on one nine-volt battery (not included). The wrist unit, which is wired to the headset, includes a compass, magnifier, volume control and LCD clock. The entire set will be packaged inside a closed gift box.

The applicable subheading for the "Robotic Extender Arm" and "Hydropak Drink Unit" 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 will be free.

The applicable subheading for the "Mission Communicators" will be 9503.70.0000, Harmonized Tariff Schedule of the United States (HTS), which provides for other toys, put up in sets or outfits, and parts and accessories thereof. The rate of duty will be free.

The applicable subheading for the "Terra Colony Habitation Module" will be 6306.22.9030, Harmonized Tariff Schedule of the United States (HTS), which provides for tents: Of synthetic fibers: Other, other. The duty rate will be 9.5 percent ad valorem.

The "Terra Colony Habitation Module" falls within textile category designation 669. Based upon international textile trade agreements products of China are subject to quota and the requirement of a visa.

The designated textile and apparel categories may be subdivided into parts. If so, visa and quota requirements applicable to the subject merchandise may be affected. Part categories are the result of international bilateral agreements which are subject to frequent renegotiations and changes. To obtain the most current information available, we suggest that you check, close to the time of shipment, the Status Report on Current Import Quotas (Restraint Levels), an internal issuance of the U.S. Customs Service, which is available for inspection at your local Customs office.

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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