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NY J81205

February 25, 2003

CLA-2-95:RR:NC:SP:225 J81205


TARIFF NO.: 9503.70.0000

Ms. Patty Kittel
Target Customs Brokers, Inc.
1000 Nicollet Mall
Minneapolis, MN 55403

RE: The tariff classification of “The Amazing Live Sea-Monkeys Ocean-Zoo” from China.

Dear Ms. Kittel:

In your letter dated February 12, 2003, you requested a tariff classification ruling.

The submitted sample, Item #6709, “The Amazing Live Sea-Monkeys Ocean-Zoo”, is an educational toy set used by children to raise Sea Monkeys (a type of brine shrimp) and consists of a plastic aquarium, a measuring spoon, 3 packets (USA made) containing Sea Monkey eggs, food, and a water purifier. The aquarium is made of clear plastic (except for its base and cover) and measures approximately 5-3/4 inches in height x 2-1/4 inches in width x 4 inches in length. The base is molded to resemble rocks similar to those found in the ocean. The cover is molded to slide into the aquarium and has four holes in its so the Sea-Monkeys can get air. The retail package includes instructions on raising these crustaceans so they hatch successfully (the packaging states that they are “absolutely guaranteed to grow”) and information on feeding them afterwards. The item is intended to provide amusement for children 6 years of age and older whether or not knowledge is gained.

The applicable subheading for Item #6709, “The Amazing Live Sea-Monkeys Ocean-Zoo”, will be 9503.70.0000, Harmonized Tariff Schedule of the United States (HTS), which provides for “Other toys, put up in sets or outfits, 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.


Robert B. Swierupski

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