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NY I84628




August 6, 2002

CLA-2-95:RR:NC:SP:225 I84628

CATEGORY: CLASSIFICATION

TARIFF NO.: 9503.50.0000

Mr. Daniel Shapiro
Tompkins & Davidson
One Astor Plaza
1515 Broadway
New York, NY 10036-8901

RE: The tariff classification of a Silly Snail from China.

Dear Mr. Shapiro:

In your letter dated July 30, 2002, on behalf of your client, Avon Products, Inc., you requested a tariff classification ruling.

The sample submitted, PP #252066, Silly Snail, is a battery powered plastic musical toy designed in the shape of a yellow snail with a smiling face, antenna and blue shell with white polka dots that measures approximately 1-1/2 in height and 5-3/4 inches in diameter. The snail shell contains rattle beads and has a green button imbedded with depictions of musical notes on its outside. The snail itself has a heart shaped light up button in the middle of its body, with the end of its body molded into a tether handle. The toy features four pre-programmed songs activated by pressing the heart shaped button, which also causes the button to flash. The song selection can be changed by pressing the heart button sequentially or by pushing the green button. The item is a musical toy designed to provide frivolous amusement for a child. Your sample is being returned upon your request.

The applicable subheading for PP #252066, Silly Snail, will be 9503.50.0000, Harmonized Tariff Schedule of the United States (HTS), which provides for Other toys; reduced-size (“scale”) models and similar recreational models, working or not; puzzles of all kinds; parts and accessories thereof: Toy musical instruments and apparatus 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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