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NY D82358

September 29, 1998

CLA-2-95:RR:NC:2:224 D82358


TARIFF NO.: 9503.49.0025

Art Samuelson
Air Tiger Express Companies, Inc.
15215 52nd Avenue South, Suite 27
Seattle, Washington 98188

RE: The tariff classification of "Crittles" (toys attached to a retractable closure) from China.

Dear Mr. Samuelson:

In your letter dated September 14, 1998, you requested a tariff classification ruling, on behalf of Gee Whiz LLC, your client.

You are requesting the tariff classification on an item which is referred to as "Crittles". These items are made of plastic beads laced together with woven cordage, and represent toy animal characters: twelve different kinds of animals in the collection. The two submitted samples are representative of a turtle and a scorpion. Each individual unit has a retractable closure and a small base metal key ring attached to the figure representing the "Crittle" animal character. Although the item may function as a keychain, it is the opinion of this office that the primary purpose of this item is to amuse or entertain the user, therefore the item is considered a toy.

The applicable subheading for the toys attached to the keychains will be 9503.49.0025, Harmonized Tariff Schedule of the United States (HTS), which provides for "Toys representing animals or non-human creatures...and parts and accessories thereof: Other...Toys." The rate of duty will be free.

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.


Robert B. Swierupski

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