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NY H82285

June 14, 2001

CLA-2-95:RR:NC:2:224 H82285


TARIFF NO.: 9503.49.0000

Hiroko Maemoto
Equity Marketing, Inc.
6330 San Vicente Blvd.
Los Angeles, CA 90048

RE: The tariff classification of a wind up toy whale from China.

Dear Mr. Maemoto:

In your letter dated May 23, 2001, you requested a tariff classification ruling.

You are requesting the tariff classification on an item that is described in your ruling request as a wind up whale toy, style TUB60. The toy is constructed predominantly of plastic material with a wind up mechanism on the bottom of the item. The toy is specifically designed for bath time play. The directions on the wind up whale read as follows: “Turn wind up on bottom of whale clockwise and place in a tub filled with water and watch him swim.” A colored illustration was provided, in lieu of providing a sample.

The applicable subheading for the wind up whale toy, style TUB60, will be 9503.49.000, Harmonized Tariff Schedule of the United States (HTS), which provides for “Toys representing animals or non-human creatures (for example, robots and monsters) and parts and accessories thereof: Other.” 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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