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NY E87061

October 7, 1999

CLA-2-95:RR:NC:SP:225 E87061


TARIFF NO.: 9503.90.0045; 9608.10.0000; 7326.20.0050

Mr. Thomas J. Garibaldi
Schmidt, Pritchard & Co., Inc.
9801 West Lawrence Avenue
Schiller Park, IL 60176

RE: The tariff classification of a bubble toy and bubble pen from Taiwan and a key chain from China

Dear Mr. Garibaldi:

In your letter dated August 27, 1999, received in this office on September 8, 1999, you requested a tariff classification ruling.

Three samples were submitted for our review and will be returned at your request. The first item DP 553, is referred to as a “Toy Noisemaker Bubble Dispenser Pen.” The article is intended to resemble a hammer and measures approximately 7 ¼” in length. The “handle” of the hammer encompasses a wand with bubble solution and a small pen with an ink reservoir of half an inch. The “handle” pulls out from the ball-like head, which depicts a smiling face with protruding nodules on either side. A noisemaker device is implanted within the head, which sounds when the hammer is shaken. This product is viewed as a composite good whose essential character is imparted by the toy hammer feature.

Item DP 552 is a “Toy Bubble Wand Pen.” The article is composed of a capped pen and a tube of bubble solution with wand, which fits into the opposite end of the pen. The pen contains an ink reservoir of approximately one-inch. The cap of the wand is also connected to a textile cord that may be worn around the neck to facilitate transport of the article. The pen feature imparts the essential character of this product.

The “Stress Ball Key Holder,” item DP 196, consists of a “G” style split metal key ring and chain attached to a novelty squeezable depiction of a light bulb. The light bulb measures 2 ½” X 1 ¼” and is printed with a happy face on one side. The term “Stress Ball” has evolved as a marketing expression for a series of articles whose intent is to relieve stress by repeatedly squeezing a rubber-like object. In this case, the subject merchandise is basically designed to function as a key chain and will be classified accordingly.

The applicable subheading for the “Toy Noisemaker Bubble Dispenser Pen,” item DP 553, 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 “Toy Bubble Wand Pen,” item DP 552, will be 9608.10.0000, Harmonized Tariff Schedule of the United States (HTS), which provides for ballpoint pens. The rate of duty will be 0.8 cents each plus 5.4 percent ad valorem.

The applicable subheading for the “Stress Ball Key Holder,” item DP 196, will be 7326.20.0050, Harmonized Tariff Schedule of the United States (HTS), which provides for Articles of iron or steel wire...Other. The rate of duty will be 3.9% ad valorem.

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 212-637-7028.


Robert B. Swierupski

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