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NY N004875




January 16, 2007

CLA-2-95:RR:NC:224:N004875

CATEGORY: CLASSIFICATION

TARIFF NO.: 9503.70.0000

Mr. Holly VanDeusen
Darice
13000 Darice Parkway, Park 82
Strongsville, Ohio 44149-3800

RE: The tariff classification of PEEPS- 3 from China

Dear Mr. VanDuesen:

In your letter dated December 20, 2006, on behalf of your client, Lamrite West Inc., you requested a tariff classification ruling.

The sample submitted, PEEPS-3, consists of foam pieces in the shape of rabbits, hearts, stars, clovers and chicks, glitter, pony beads, nylon string and several long strips of foam. The instructions are printed on the back of the box. This purpose of this activity is to assemble the above parts into a bookmark. The purpose of this item is for the amusement of children.

 Your samples are being returned as requested.

The applicable subheading for the PEEPS-3 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).

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.

Sincerely,

Robert B. Swierupski
Director,

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