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NY L80345

October 25, 2004
CLA-2-95:RR:NC:SP:225 L80345


TARIFF NO.: 9503.90.0080

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

RE: The tariff classification of “Flashing Clacker” from China.

Dear Ms. Aldinger:

In your letter dated October 14, 2004, you requested a tariff classification ruling.

You submitted a sample of a “Flashing Clacker” identified as item number 938026. The item consists of a purple plastic ring attached to two blue strings that are attached to two purple 1-1/4” plastic balls. Inside each ball are miniature electronics. When one holds the item by the purple ring and swings the balls, the balls bang together and flash red, green and yellow lights. The item is marketed as a toy to provide frivolous amusement for a child 3 years of age and older, and is packaged on a hanging blister card.

Your sample is being returned as requested.

The applicable subheading for “Flashing Clacker” identified as item number 938026 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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