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NY J89891

October 24, 2003

CLA-2-95:RR:NC:SP:225 J89891


TARIFF NO.: 9503.90.0080

Ms. Lorianne Aldinger
Rite Aid Corporation
P.O. Box 3165
Harrisburg, PA 17105

RE: The tariff classification of a “Baton Assortment” from China.

Dear Ms. Aldinger:

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

You submitted a sample of a “Baton Assortment” identified as item number 934412. The item is a toy baton that will be imported in two designs: “Pom-Pom Baton” and “Ribbon Baton.” The “Pom-Pom Baton” is a plastic blue baton approximately 20-1/2 inches in length with strips of silver, blue, and white mylar attached to a blue bulb at each end of the baton. The “Ribbon Baton” is a plastic pink baton approximately 18 inches in length with a long piece of red ribbon attached by an elastic band to a pink bulb at one end of the baton. Each baton is packaged on a cardboard hangtang, with instructions on the back for various baton movements. These batons will be imported in 4 assorted colors: blue, turquoise, purple, and pink. The construction, marketing and packaging of this baton is indicative of the class or kind of baton classifiable as a toy in Heading 9503 of the Harmonized Tariff Schedule of the United States (HTS), and not as exercise equipment in Heading 9506.

The applicable subheading for the “Baton Assortment” identified as item number 934412 will be 9503.90.0080, Harmonized Tariff Schedule of the United States (HTS), which provides for “Other toys; reduced-size ("scale") models and similar recreational models, working or not; puzzles of all kinds; parts and accessories thereof: Other: 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 Alice Wong at 646-733-3026.


Robert B. Swierupski

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