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NY H82482

July 13, 2001

CLA-2-95:RR:NC:SP:225 H82482


TARIFF NO.: 9503.80.0000

Ms. Rita Pitts
Dillard’s, Inc.
1600 Cantrell Road
Little Rock, AR 72201

RE: The tariff classification of a toy aquarium from China

Dear Ms. Pitts:

In your letter dated June 14, 2001 you requested a tariff classification ruling.

The submitted article is known as an “Aqua Frame” style 4028/GB. The product resembles a simulated aquarium that has been framed like a picture. The plastic unit measures approximately 9 ¼” long by 7 ½” high by 2 ¾” deep. Inside the frame-like structure is an imitation aquarium that measures approximately 6” long by 4” high by 1 ½” deep. The aquarium has a clear front panel and a picture of an ocean scene on the back wall. An opening on top allows one to fill the tank with water and insert three small plastic fish that are included with the article. The product is battery operated and when turned on, via an on/off switch in the back, the fish swim in a seemingly realistic fashion. The product may be hung on the wall or set on a tabletop. In either case, it provides amusement to the viewer in watching the fish move about. Your sample is being returned as requested.

The applicable subheading for the “Aqua Frame”, style 4028/GB, will be 9503.80.0000, Harmonized Tariff Schedule of the United States (HTS), which provides for other toys and models, incorporating a motor, and parts and accessories thereof. 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 Alice J. Wong at 212-637-7028.


Robert B. Swierupski

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