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NY N012950

June 26, 2007



TARIFF NO.: 9503.00.0080

Jane L. Taeger
Samuel Shapiro & Company, Inc.
One Charles Center
100 N. Charles Street, Suite 1200
Baltimore MD 21201

RE: The tariff classification of a Party Popper Gun from China.

Dear Ms. Taeger:

In your letter dated June 11, 2007, you requested a tariff classification ruling.

The sample Party Popper Gun is a plastic toy gun that shoots confetti. The item comes with a 6-round refill plastic cartridge. You indicate that the finished, imported product will be completely orange in color.

The applicable subheading for the Party Popper Gun will be 9503.00.0080, Harmonized Tariff Schedule of the United States (HTSUS), which provides for “Tricycles, scooters, pedal cars and similar wheeled toys; dolls” carriages; dolls, other toysOther.” 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/.

In regard to your admissibility question, Title 15 CFR §1150 provides for special making requirements for toy, look-alike and imitation firearms. Based on the nature and construction of the subject toy, this office has determined that the presented toy gun is exempt from any further marking requirements of the regulation.

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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