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NY I84420




July 24, 2002

CLA-2-95:RR:NC:SP:225 I84420

CATEGORY: CLASSIFICATION

TARIFF NO.: 9503.80.0000

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

RE: The tariff classification of an Aquarium Relaxer from China.

Dear Ms. Wierbicki:

In your letter dated July 19, 2002, on behalf of your client, Avon Products, Inc., you requested a tariff classification ruling.

The sample submitted, Item #PP250780, Aquarium Relaxer, resembles a simulated aquarium that has been framed like a picture. The plastic unit measures approximately 6-1/2 in height x 10 inches in length x 3 inches in depth. The aquarium has a clear front panel with a picture of a sea bed on the back wall. An opening on top allows one to fill the tank with water and insert five toy plastic fish that contain magnets inside them. The product is battery operated and when turned on, via an on/off switch in the back, the magnets inside the fish respond to rotating magnetic rods inside the aquarium frame, and cause the fish to 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 Item #PP250780, Aquarium Relaxer, 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 Wong at 646-733-3026.

Sincerely,

Robert B. Swierupski
Director,

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