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NY N005484

January 26, 2007



TARIFF NO.: 9503.70.0000

Ms. Wendy Sudsinsunthorn
Summit Products, LLC
7299 Gadsden Hwy
Trussville, AL 35173

RE: The tariff classification of a “Garden Girlz Mini Garden Sets” from China

Dear Ms. Sudsinsunthorn:

In your letter dated January 5, 2007, you requested a tariff classification ruling.

You are requesting the tariff classification on a product that is described as a “Garden Girlz Mini Garden Sets”. There are no designated item numbers indicated for these products. This product consists of four sets of accessories that allow children to grow a miniature garden in a specified growing space. The first play set includes: 1 Rose Bud doll, 1 wheelbarrow, 3 Rose plantable accessories and 1 seed packet. The second play set includes: 1 Violet Blue doll, 1 purple window box, 1 Purple Tulip plantable accessory, 2 Daisies plantable accessories and 1 seed packet. The third play set includes: 1 Jasmine Fern doll, 1 yellow flower pot, 2 Jasmine plantable accessories and 1 seed packet. The fourth play set includes: 1 Lilly Bloom doll, 1 wishing well, 2 Cala Lilly plantable accessories, 1 Daisy plantable accessory and 1 seed packet. The toys will be classifiable in Chapter 95 of the HTSUS as other toys put up in sets.

The applicable subheading for the “Garden Girlz Mini Garden Sets” 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 in the process of being amended to reflect changes recommended by the World Customs Organization. The amendments are expected to affect the classification of your merchandise. On January 4, 2007, Presidential Proclamation 8097 containing these changes was published in the Federal Register. See 72 FR 453, Volume 72, No. 2. The proclaimed changes are effective for goods entered or withdrawn from warehouse for consumption on or after February 3, 2007. Once those changes are in effect, it is anticipated that your merchandise will be classified in 9503.00.0000 HTSUS.

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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