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NY L89652

January 12, 2006

CLA-2-95:RR:NC:SP:225 L89652


TARIFF NO.: 9503.30.0000

Mr. Kevin Maher
C-Air Customhouse Brokers
181 South Franklin Avenue
Valley Stream, NY 11581

RE: The tariff classification of a 3-D Fuzzy Brand Model Chopper from China.

Dear Mr. Maher:

In your letter dated December 19, 2005, on behalf of your client, RoseArt Industries, you requested a tariff classification ruling.

You submitted a sample of a 3-D Fuzzy Brand Model Chopper identified as item number 5356, which is being returned upon your request. The item is a constructional toy set that consists of 5 Fuzzy model sheets that feature detachable paper chopper (motorcycle) sections, 1 poster of the completed chopper that serves as a construction guide, 8 washable assorted colored markers, 1 tube of glue, mirror stickers, a sound and light system and an instruction sheet. The set requires more than mere assembly as a child will color the chopper sections, detach them from their perforated model sheets, fold the sheets and glue them together to form the completed motorcycle. Attached to a chopper section is a battery pack that when activated produces sound effects, such as the engine roaring and flashing lights. The battery pack requires two “AA” batteries, which are not included. This constructional toy is packaged inside an illustrated cardboard box, and is intended to stimulate a child’s cognitive and manipulative skills in an amusing fashion as they construct a toy chopper-style motorcycle.

The applicable subheading for 3-D Fuzzy Brand Model Chopper identified as item number 5356 will be 9503.30.0000, Harmonized Tariff Schedule of the United States (HTS), which provides for “Other construction sets and constructional toys, 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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