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NY N009748

May 8, 2007



TARIFF NO.: 9503.00.0080

Ms. Lorianne Aldinger
Rite Aid Corporation
P.O. Box 3165
Harrisburg, PA 17105

RE: The tariff classification of Marvel Walkie Talkie, Item #959835 from China

Dear Ms. Aldinger:

In your letter dated April10, 2007, you requested a tariff classification ruling.

The sample submitted, Marvel Walkie Talkie, consists of two plastic walkie-talkies molded into the shape of a black Spiderman and a Sandman character, which is half man and half sand. The action figure can be used as a walkie-talkie device when the right arm of each toy is extended. The right arm serves as an antenna. The characters can also be played with as regular action figures. According to your letter, you also intend to import three similar additional toy sets - a red Spiderman and Harry Goblin, a red Spiderman and Sandman and a red Spiderman and Venom.

The applicable subheading for the Marvel Walkie Talkie will be 9503.00.0080, Harmonized Tariff Schedule of the United States (HTSUS), which provides for Tricycles, scooters, pedal cars other toys parts and accessories thereofOther. 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).

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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