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NY H86762




January 18, 2002

CLA-2-85:RR:NC:1: 112 H86762

CATEGORY: CLASSIFICATION

TARIFF NO.: 8543.89.9695

Ms. Barbara Y. Wierbicki
Tompkins & Davidson, LLP
Counselors At Law
One Astor Plaza
1515 Broadway
New York, N.Y. 10036-8901

RE: The Tariff Classification of a “Musical Noah’s Ark” from China.

Dear Ms. Wierbicki:

In your letter dated December 21, 2001, on behalf of Avon Products, Inc., you requested a tariff classification ruling.

The item is a battery operated animated plastic reproduction of a miniature “Noah’s Ark”. The ark is mounted on a “swivel” mechanism that causes it to rock, or sway back and forth, as if sailing on the ocean. The mechanism is activated by means of either a rotary control switch or a motion-activated sensor, which simultaneously activates a musical chip that plays various tunes.

The applicable subheading for the “Musical Noah’s Ark” will be 8543.89.9695, Harmonized Tariff Schedule of the United States (HTS), which provides for other electrical machines or apparatus, ..., not specified or included elsewhere in Chapter 85, HTS. The rate of duty will be 2.6 percent 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 David Curran at 646-733-3017.

Sincerely,

Robert B. Swierupski
Director,

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