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NY L85338

June 9, 2005

CLA-2-95:RR:NC:SP:225 L85338


TARIFF NO.: 9503.80.0000

Ms. Maria F. Borges
Hasbro, Inc.
200 Narragansett Park Drive
P.O. Box 200
Pawtucket, RI 02862-0200

RE: The tariff classification of a toy set and refill from China.

Dear Ms. Borges:

In your letter dated May 25, 2005, you requested a tariff classification ruling.

You submitted the following samples:

Item 20251, Glow N’ Groove Paint Spinner, is a square-shaped battery powered motorized plastic unit (paint spinner) that measures approximately 4” in height x 10” across with a center depression that measures approximately 8” in diameter and 1-1/2” in depth. The plastic unit has 3 silver buttons that activate the unit and control strobe light patterns and music. Included with the unit are 4 bottles of neon paint, 7 paper design cards, and an instructional pamphlet. To use, a child 5 years of age and older places a design card in the center of the motorized unit where raised tabs hold the paper in place. The child then turns on the motor, which causes the strobe lights to flash, the music to play, and spins the unit and paper. While the paper spins, the child drips small amounts of paint from a paint bottle onto the center of the paper. The spinning motion of the motorized unit causes the paint to be distributed in a "swirl" pattern over the paper. The four paints can be used separately or together to "create" colorful patterns. Once the paint has dried on the design card, the paint spinner can be stood upright to display the finished art. The item is a toy intended to provide frivolous amusement, with no painting skill required. It is powered by 4 “C” batteries, which are included. The Glow N’ Groove Paint Spinner is packaged inside an illustrated cardboard box.

Item 20253, Glow N’ Groove Refills, is a is a refill package for the Glow N’ Groove Paint Spinner toy described above and consists of replacement bottles of neon paint (red, green and purple), 3 black design boards, 3 neon design boards, and 2 foil design boards that are packaged together on a hanging blister card. The design boards are specially configured to be used with the Glow N’ Groove Paint Spinner.

Your samples are being returned upon your request.

The applicable subheading for item 20251, Glow N’ Groove Paint Spinner, and item 20253, Glow N’ Groove Refills, 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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