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NY J83817

April 29, 2003

CLA-2-95:RR:NC:SP:225 J83817


TARIFF NO.: 9503.70.0000

Mr. Kevin Anderson
Wham-O Inc.
5903 Christie Avenue
Emeryville, CA 94608

RE: The tariff classification of a Snack Time Gummi™ from China.

Dear Mr. Anderson:

In your letter dated April 18, 2003, you requested a tariff classification ruling.

You have submitted a sample of a Snack Time Gummi™ identified as Item #13130. The product is a toy set consisting of 1 plastic funnel, 1 pair of plastic tongs, 1 spatula, 3 snack molds (pizza, hot dog, and hamburger with French fries), 4 Gummi snack mixes (watermelon, cherry, orange, and root beer), 4 food cartons, 3 plastic squeeze bottles, and 1 plastic two-wheeled food cart. The item is designed for children 5 years and older to make edible gummi versions of hamburgers, hot dogs, fries, and pizza. To make the treats, the child fills a squeeze bottle with water to the marked level, places the funnel in the bottle, and pours in one packet of snack mix. The bottle is then shaken for approximately one minute until the mix is completely dissolved and poured into the molds. When the treats have hardened (refrigerating them for 8-10 minutes speeds the process), the spatula is used to remove the treats and place them in the food cartons. These cartons can be placed on top of the food cart’s cover that also doubles as a serving table. The food cart also has an opening on top for insertion of a plastic umbrella and inside slots to store the food molds.

The applicable subheading for Item #13130, Snack Time Gummi,™ 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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