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NY G84110




December 7, 2000

CLA-2-95: D13 G84110

CATEGORY: CLASSIFICATION

TARIFF NO.: 9503.90.0045

Mr. Michael K. Tomenga
Neville, Peterson & Williams
1233 20th street, N.W. Suite 500
Washington, D.C. 20036

RE: The tariff classification of various “Wheeled Toys with Dalmatian figures”, made in China.

Dear Mr. Tomenga:

In a letter dated November 10, 2000, you requested a tariff classification ruling on five plastic wheeled toys. A sample of each of the articles was provided.

Article #1, “Dog in a Purple Spaceship”, WRIN No 02520-18G depicts the head and upper torso of a Dalmatian dog sitting sideways in a spaceship. The space ship has three tiny wheels for rolling on a flat surface and is approximately 4 inches long, 1.25” wide and 2 inches high with the dog. A plastic orange flame simulates a launching spaceship. The dog’s head can be turned or poised manually.

Article #2, “Dog in a Red Fire Engine”, WRIN NO 02520-018H depicts red fire engine with a Dalmatian lying on its back in the bed of the truck. The fire engine has four wheels for rolling on a flat surface and is approximately 3.5” long, 1.25” wide and 2 inches high with the dog. The dog’s head can be turned or poised manually.

Article #3, “Dog in a Green Car”, WRIN No 02520-018I, depicts a green vintage automobile with a full-bodied Dalmatian sitting on the hood. The automobile, which is a convertible, resembles those types of automobiles manufactured in the 1930s. It is approximately 3 inches long, 2 inches wide and 2 inches high. The car has four wheels for rolling on a flat surface. The dog’s head can be turned or poised manually.

Article #4, “Dog in a Blue Airplane”, WRIN NO 02520-018J depicts a blue, open cockpit style airplane with a full bodied Dalmatian sitting and facing backward in the cockpit. The airplane, which is approximately 4 inches long, 1.25 inches high and 1.5 inches wide, has a free-spinning propeller in the nose and three wheels for rolling on a flat surface. The dog’s head can be turned or poised manually.

Article #5, “Dog on a Blue Motorcycle”, WRIN NO 02520-018F, depicts a full-bodied Dalmatian riding a three wheeled motorcycle. The motorcycle is approximately 3 inches long, 2 inches high and the dog figure is approximately 3 inches tall. The motorcycle is blue, with a silver handlebar and it has three yellow wheels for rolling on a flat surface. The head of the dog can be turned or poised manually.

The applicable subheading for the “Dog in a Purple Spaceship”, WRIN No 02520-18G; “Dog in a Green Car”, WRIN No 02520-018I; “Dog in a Green Car”, WRIN No 02520-018I; “Dog in a Blue Airplane”, WRIN NO 02520-018J; and “Dog on a Blue Motorcycle”, WRIN NO 02520-018F, will be 9503.90.0045, Harmonized Tariff Schedule of the United States (HTS), which provides for Other toys, reduced-sized (“scale”) models an similar recreational models, working or not; puzzles of all kinds, parts and accessories thereof; other, other 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).

If you have any questions regarding the ruling, contact Field National Import Specialist John Fox at 207-771-3616 or National Import Specialist Alice Wong at 212-637-7028.

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.

Your samples are being returned under a separate cover.

Sincerely,

Jeffrey R. Walgreen
Port Director

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