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NY I81314

May 13, 2002

CLA-2-95:RR:NC:SP:225 I81314


TARIFF NO.: 9501.00.4000

Ms. Carol A. Rafferty
Kirkland & Ellis
655 Fifteenth Street, N.W.
Washington, D.C. 20005

RE: The tariff classification of a Scream Machine from China.

Dear Ms. Rafferty:

In your letter dated April 30, 2002, on behalf of Razor USA, LCC, you requested a tariff classification ruling.

The photograph submitted, Scream Machine, is a “Big Wheel” type tricycle designed for children that sits low to the ground with a rubber front wheel that measures approximately 16 inches in diameter and rear tires made of hard plastic that measure approximately 7 inches in diameter. The total length of the tricycle is 39.92 inches, with the distance from the seat to the pedals 28.43 inches and from the handle bars to the seat 21.97 inches. The tricycle is not chain-driven, but propelled by pumping foot pedals attached to the front wheel.

The applicable subheading for the Scream Machine will be 9501.00.4000, Harmonized Tariff Schedule of the United States (HTS), which provides for Wheeled toys designed to be ridden by children (for example, tricycles, scooters, pedal cars);; parts and accessories thereof: Wheeled toys designed to be ridden by children and parts and accessories thereof: Other.

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 Wong at 646-733-3026.


Robert B. Swierupski

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