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NY J86729

July 17, 2003

CLA-2-95:RR:NC:2:224 J86729


TARIFF NO.: 9503.49.0000

Mr. Michael Gertler
E & G Concepts Inc
751 Pelhandale Ave.
Pelham, NY 10803

RE: The tariff classification of Fan Pets from China

Dear Mr. Gertler:

In your letter dated July 3, 2003, you requested a tariff classification ruling.

You are requesting the tariff classification on a product that is described as Fan Pets. The Fan Pets are fabric representations of animal pets with a battery operated miniature fan inside the toys. The composition is nylon for the external fabric and polyester fibers for the stuffing. The enclosed sample is a bird with a fan where the beak would normally be. The fan is constructed of plastic and soft foam fan blades that will be safe for children. The proper classification will be as toys in Chapter 95 of the HTS because the primary purpose will be for the amusement of a child or adult with the fan function playing a minor role. The nature of the fan will not render it useful as an effective cooling device. You have not requested the return of your sample.

The applicable subheading for the Fan Pets (no style number shown) will be 9503.49.0000, Harmonized Tariff Schedule of the United States (HTS), which provides for toys representing animals or non-human creatures...and parts and accessories thereof: other. 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 Tom McKenna at 646-733-3025.


Robert B. Swierupski

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