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December 23, 1998

CLA-2-95:D13 D85702

CATEGORY: CLASSIFICATION

TARIFF NO.: 9503.50.0020; 9503.70.0000; 9503.80.0025

Ms. Tammy Hsing
Shelcore Toys
347 Elizabeth Avenue
Somerset, NJ 08873-1101

RE: The tariff classification of various toy articles made in China.

Dear Ms. Hsing:

In a letter dated December 8, 1998 you requested a tariff classification ruling on four pre-production samples.

The first article, item #03028, “Hide ‘N Seek Farm” is a battery operated, plastic representation of a farmyard, barn and silo. The article is approximately 8.5 inches in length, 6.5 inches in width and approximately 7 inches high. In addition to the silo and barn this article has music module and four large buttons that light up. These four buttons have pictures on them representing a mother duck, chicken, cow or horse. There are two play features. In one feature, a child presses the top of the silo which pops up displaying either chickens or ducks. The child then presses one of the two buttons representing the mother duck or chicken. When the correct button is pressed the mother chicken clucks or the mother duck quacks, lights flash and one of five songs will play. In the second feature, a child presses a large button on the top of the barn. The barn door opens revealing either a horse or a cow. The buttons representing the horse or cow will alternately flash and the child is expected to press the correct one. When the correct button is pressed, the cow will moo or the horse will whine, lights flash and a song will play.

The applicable subheading for item #03028, “Hide ‘N Seek Farm” will be 9503.50.0020 Harmonized Tariff Schedule of the United States (HTS), which provides for Toy musical instruments and apparatus and parts and accessories thereof: instruments and apparatus. The rate of duty is free.

The second product is, item #52598, “LNS Truck/Ambulance Combo.” This item contains, in one package, two separate battery operated articles, one a fire truck and the other an ambulance. The fire truck has two firemen, a moveable cherry picker and two red buttons on top. When either of the two buttons is pressed lights flash and a siren sound is made. The ambulance has two medical figures, doors that open and two buttons on top. When either of these two buttons is pressed, lights flash and a siren sound is made.

The applicable subheading for item #52598, “LNS Truck/Ambulance Combo” 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 is free.

The third product, item #82450, “Shakin’ Tractor” is a battery operated, plastic representation of a farm tractor, approximately 7 inches in length, with a farmer in the driver’s seat. Your letter indicates that in operation, the child will press down on the farmer to activate the tractor. When activated, the engine and tractor will shake and move forward approximately five feet. The headlights will flash and tractor sounds emit from the toy.

The fourth product, item #82451, “Shakin’ Fire Engine” is a battery operated, plastic representation of a fire truck, approximately 7 inches in length, with a fireman in the driver’s seat. Your letter indicates that in operation, the child will press down on the fireman to activate the truck. When activated, the driver will shake, the water cannon on top of the truck will spin and the truck will move forward approximately five feet. The headlights flash and siren sounds will emit from the fire truck.

The applicable subheading for item #82450, “Shakin’ Tractor” and for item #82451, “Shakin’ Fire Engine” will be 9503.80.0025 Harmonized Tariff Schedule of the United States (HTS), which provides for Other toys and models, incorporating a motor and parts and accessories thereof; Toys and Models. The rate of duty is 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.

Sincerely,

Jeffrey R. Walgreen
Port Director

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