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NY K89786




September 27, 2004

CLA-2-95:RR:NC:2:224 K89786

CATEGORY: CLASSIFICATION

TARIFF NO.: 9503.49.0000

Christine Ames
Shelcore Toys
347 Elizabeth Avenue
Somerset NJ 08873

RE: The tariff classification of a Musical Spout Guard™ from China.

Dear Ms. Ames:

In your letter dated September 24, 2004, you requested a tariff classification ruling.

The merchandise consists of a plastic inflatable highly stylized representation of a fish. The article is fitted onto a bathtub spout and serves as protection as well as a source of amusement for a baby or small child with its amusing appearance and musical mechanism. The sample will be returned at your request.

The applicable subheading for the Musical Spout Guard™ will be 9503.49.0000, Harmonized Tariff Schedule of the United States (HTS), which provides for other toys; toys representing animals or non-human creaturesother. 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.

Sincerely,

Robert B. Swierupski
Director,

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