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NY J82799




April 1, 2003

CLA-2-95:RR:NC:SP:225 J82799

CATEGORY: CLASSIFICATION

TARIFF NO.: 9503.30.0000; 9503.70.0000; 9504.90.9080; 9505.90.4000

Ms. Irene Tsiavos
Fun•World
Easter Unlimited, Inc.
80 Voice Road
Carle Place, NY 11514

RE: The tariff classification of toys and games from China.

Dear Ms. Tsiavos:

In your letter dated March 24, 2003, you requested a tariff classification ruling.

You submitted the following samples:

Item #1776, Confetti Eggs, consists of various colored paraffin wax eggs that contain colored paper confetti inside them. When the eggs are broken, the confetti falls out. The eggs are not reusable.

Item #3154, Bunny Stackables, consists of 12 interlocking plastic bunnies (3 pink, 3 yellow, 3 orange, and 3 blue) that can be stacked or snapped together into various shapes. Each bunny measures approximately 3-1/2 inches in height x ½ inch in width x 3-1/4 inches in length.

Item #4069, Bunny “Catch Me If You Can”, consists of two catching discs in the shape of eggs and a fabric covered beanbag in the shape of a blue bunny. The discs have a diameter of 5 inches and are constructed to fasten onto the palm of the hand via a strap in back. The other side of the disc has hook and loop fastener material to enable adherence of the bunny to the disc. The set is designed for the simple game of throw and catch with no predetermined set of rules or method of scoring. The two discs and bunny are packaged together on a hanging blister card.

Item #4065, Carrot Pick-Up Sticks, is a game featuring 25 assorted colored plastic sticks that measure approximately 5-1/2 inches in length and 1/8 inch in thickness and a plastic carrot container that measures approximately 2 inches in width and 8 inches in length that are packaged together on a hanging blister card. To play, a player follows the written instructions printed on the back of the blister card and holds all 25 sticks in one hand, opens the hand, and allows the sticks to fall onto the playing surface (table, desk, etc.) and scatter. The player then tries to pick up each stick without moving any of the other sticks. If any stick moves, the player’s turn ends and play passes to the next player. When all the sticks have been picked up, the player with the most sticks wins. Due to its predetermined set of rules and method of scoring, this item is considered a game and will be classified under heading 9504.

Item #4063, Egg Full of Bunnies, is a game featuring 16 assorted colored plastic bunnies (with hook-like ears) that measure approximately 1-1/2 inches in height and 2-1/4 inches across (from ear-to-ear) and a purple plastic egg that measures approximately 5 inches in height and 3-1/2 inches in diameter that are packaged together on a hanging blister card. To play, a player follows the written instructions printed on the back of the blister card and pours all the bunnies onto a flat surface and then picks up one bunny by the ear and tries to hook the other bunnies ear-to-ear to form a chain. Once a player drops a bunny, play passes to the next player. The game ends when all the bunnies have been linked. The player with the most linked bunnies wins. Due to its predetermined set of rules and method of scoring, this item is considered a game and will be classified under heading 9504.

The applicable subheading for Item #1776, Confetti Eggs, 9505.90.4000, Harmonized Tariff Schedule of the United States (HTS), which provides for “Festive, carnival or other entertainment articlesConfetti, paper spirals or streamers, party favors and noisemakers; parts and accessories thereof.” The rate of duty will be free.

The applicable subheading for Item #3154, Bunny Stackables, will be 9503.30.0000, HTS, which provides for “Other construction sets and constructional toys, and parts and accessories thereof.” The rate of duty will be free.

The applicable subheading for Item #4069, Bunny “Catch Me If You Can”, will be 9503.70.0000, HTS, which provides for “Other toys, put up in sets or outfits, and parts and accessories thereof.” The rate of duty will be free.

The applicable subheading for Item #4065, Carrot Pick-Up Sticks, and Item #4063, Egg Full of Bunnies, will be 9504.90.9080, HTS, which provides for “Articles for arcade, table or parlor games, including pinball machines, bagatelle, billiards and special tables for casino games; automatic bowling alley equipment; parts and accessories thereof: Other: OtherOther.” 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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