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February 23, 1999

CLA-2-95:RR:NC:2:224 D88103


TARIFF NO.: 9503.49.0025

Erik D. Smithweiss
Grunfeld ,Desiderio,Lebowitz,& Silverman LLP 245 Park Avenue, 33rd Floor
New York, NY,10167-3397

RE: The tariff classification of a plastic toy candy dispenser from China.

Dear Mr. Smithweiss:

In your letter dated February 9, 1999, you requested a tariff classification ruling, on behalf of Archer Worldwide, Inc., your client.

You are requesting the tariff classification on a plastic toy candy dispenser. The submitted sample represents Mr. Potato Head. Another possible variation will include the M&M Candy character. The toys will be hollow so that candy may fit inside the toys. The candy will not be imported with the toys; they will be filled in the United States. The sample will be returned, as requested.

The applicable subheading for the plastic candy dispensers 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 212-637-7015.


Robert B. Swierupski

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