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NY N003360

December 8, 2006



TARIFF NO.: 9503.90.0080

Ms. Patti Cordo
American Cargo Express, Inc.
435 Division Street
Elizabeth, NJ 07201

RE: The tariff classification of Hydro X Blaster, Item# 01462, Tornado Blast, Item# 24177 and Load N’ Shoot H2O, Item# 24205 from China

Dear Ms. Cordo:

In your letter dated November 8, 2006, on behalf of your client, Manley Toy Direct, you requested a tariff classification ruling.

The samples submitted are as follows:

Item# 01462, Hydro X Blaster is a motorized water blaster powered by 4 AA batteries. The toy water gun features large water reservoir, hydro pump trigger, no pumping required, high velocity water firing action. These features allow for a constant stream of water shooting at great distances.

Item# 24177, Tornado Blast is a hydraulic turbo pump water blaster. The toy water gun features hydraulic turbo pump, for maximum blasting power, quick fill reservoir, and high output nozzle.

Item# 24205, Load N’ Shoot H2O is a water blaster. The toy water gun features 3 quick load water cartridges, and a rapid-fire hand pump. For ultimate water blasting action, and a water cartridge storage belt.

  Your samples are being returned as requested.

The applicable subheading for the Hydro X Blaster, Item# 01462, Tornado Blast, Item# 24177 and Load N’ Shoot H2O, Item# 24205 will be 9503.90.0080, Harmonized Tariff Schedule of the United States (HTSUS), which provides "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

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).

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 9503.00.00 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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