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NY G83451

October 24, 2000

CLA-2-95:RR:NC:2:224 G83451


TARIFF NO.: 9503.49.0025

Barbara Y. Wierbicki
Tompkins & Davidson, LLP
One Astor Plaza
1515 Broadway
New York, NY 10036-8901

RE: The tariff classification of a “Radio Rabbit” from China.

Dear Ms. Wierbicki:

In your letter dated October 13, 2000, you requested a tariff classification ruling, on behalf of Avon Products, Inc., your client.

You are requesting the tariff classification on an item that is described as a “Radio Rabbit”, item number PP210543. The product is a plush toy rabbit constructed in a sitting position that measures about ten inches in height. The rabbit has a radio-like insert in its torso; the “radio” is comprised of two separate components: a receiver with no means of indicating which station is played, and a speaker. The article incorporates a battery operated radio device that is controlled by pressing the rabbit’s “feet” on which are sewn appliques that cover the internal operating switches. The appliques read as follows: on, off, reset and tuning.

The whimsical representation of a rabbit, the so-called “Radio Rabbit”, is clearly a toy classifiable in Chapter 95 of the HTS, since the primary purpose of this product is the amusement of a child, or for that matter an adult. The sample will be returned, as requested.

The applicable subheading for the “Radio Rabbit” will be 9503.49.0025, Harmonized Tariff Schedule of the United States (HTS), which provides for “Toys representing animals or non-human creaturesand parts and accessories thereof: OtherToys.” 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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