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NY M87485

October 26, 2006

CLA-2-95:RR:NC:2:224 M87485


TARIFF NO.: 9503.70.0000

Mr. Karl Krueger
DHL Danzas Air and Ocean
2660 20th Street
Port Huron, MI 48060

RE: The tariff classification of a Turbo Rocket Pack from China

Dear Mr. Krueger:

In your letter dated October 12, 2006, you requested a tariff classification ruling, on behalf of Cranium, Inc., your client.

You are requesting the tariff classification on a product that is referred to as a Turbo Rocket Pack, broker’s reference number: 979036847. The Turbo Rocket Pack is a pack for the back that incorporates a button that when pushed causes plastic wings to extend from the side of the child’s pack. The pack contains the following: a decoder glasses mask, a plastic meteorite ball, an astro whistle, plastic dials, buttons, badges, and an activity spinner. The girl’s version is a fairy flutter pack with themed accessories.

The applicable subheading for the Turbo Rocket Pack, broker’s reference #979036847, both the boy’s and the girl’s version, will be 9503.70.0000, Harmonized Tariff Schedule of the United States (HTSUS), which provides for other toys, put up in sets or outfits, and parts and accessories thereof. The rate of duty will be free.

Duty rates are provided for your convenience and are subject to change. The text of the most recent HTSUS and the accompanying duty rates are provided on World Wide Web at http://www.usitc.gov/tata/hts/.

This ruling is being issued under the provisions of Part 177 of the Customs Regulations (19 C.F.R. 177).

Please note: a marking ruling must be separately requested because it requires a separate, detailed explanation by this office.

Pursuant to title 19 United States Code, Section 3005 The Harmonized Tariff Schedule of the United States is expected to be amended effective 1/1/07. The amendments are expected to affect the classification of your merchandise. Pursuant to Section 3005 c, the report recommending those changes has been sent to the President for proclamation of the changes. Upon the expiration of sixty legislative days, in the absence of Congressional action, the recommended changes will become law. Accordingly based on that recommendation, it is anticipated that your merchandise will be classified in 9503.00.0000 under the 2007 Harmonized Tariff Schedule. Under the circumstances, this classification under the 2007 tariff is advisory only.

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.


Robert B. Swierupski

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