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NY D82909

October 9, 1998

CLA-2-95:RR:NC:SP:225 D82909


TARIFF NO.: 9503.80.0050

Mr. William Ng
Sunnywood, Inc.
181 Pembroke Drive
Lake Forest, IL 60045-3482

RE: The tariff classification of an accessory to a motorized toy from China

Dear Mr. Ng:

In your letter dated September 14, 1998, received in this office on September 25, 1998, you requested a tariff classification ruling.

A sample of the subject article "Blade Sleeve," item #2473, was received with your inquiry. The product is a fabric "sleeve" that is designed to cover and protect the blades of a remote control toy helicopter. It is used by sliding the cover onto the helicopter blade and securing with the drawstring closure. The item is made from 100% polyester sheeting, 100% nylon lining and 100% polystyrene padding. It will be packaged in a clear polybag with header card that states the size of the blades for which it is intended.

The classification of merchandise under the HTS is governed by the General Rules of Interpretation (GRI'S). GRI 1 of the HTS, states in part that "for legal purposes, classification shall be determined according to the terms of the headings and any relative section or chapter notes . . . " Chapter 95 note 3 states that "Subject to note 1, parts and accessories which are suitable for use solely or principally with articles of this chapter are to be classified with those articles." Accordingly, this office finds the "Blade Sleeve" to serve as an accessory to the remote control toy helicopter for which it was designed.

The applicable subheading for the "Blade Sleeve," item #2473, will be 9503.80.0050, Harmonized Tariff Schedule of the United States (HTS), which provides for other toys and models, incorporating a motor: parts and accessories. 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 Alice J. Wong at 212-466-5538.


Robert B. Swierupski

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