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NY J85078

May 30, 2003

CLA-2-95:RR:NC:SP:225 J85078


TARIFF NO.: 9503.80.0000

Ms. Cheryl Santos
CVS Pharmacy
One CVS Drive
Woonsocket, RI 02895

RE: The tariff classification of a “Creepy Crawling Hand” from China.

Dear Ms. Santos:

In your letter dated May 16, 2003, you requested a tariff classification ruling.

You have submitted a sample of a “Creepy Crawling Hand” identified as item number 241541. The item is a battery-powered green and brown plastic hand that measures approximately 3 inches in height x 4-1/2 inches across (from pinky to thumb) x 6 inches in length. The hand has a piece of light and dark brown cloth attached at the wrist that has jagged edges to suggest that the hand has been severed from the arm. An on/off switch is located on the inner wrist. When the switch is turned to the “on” position, the wrist will crawl along a flat surface.

Although you suggest that the hand might be classified as a festive article because it will be marketed and sold during the Halloween holiday, it is unlikely that the item will be stored away after the holiday is over. Instead, the likelihood is that the user will continue to derive amusement by utilizing the hand as an everyday toy. Therefore, the item will be classified as a toy with a motor in heading 9503 of the Harmonized Tariff Schedule of the United States.

Your sample is being returned upon your request.

The applicable subheading for the “Creepy Crawling Hand” identified as item number 241541 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.


Robert B. Swierupski

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