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NY N013772

July 11, 2007



TARIFF NO.: 9503.00.0080

Amy Morgan
Customs Compliance
Costco Wholesale Corp.
999 Lake Drive
Issaquah WA 98027

RE: The tariff classification of educational toys from China.

Dear Ms. Morgan:

In your electronic ruling request dated July 3, 2007, you requested a tariff classification ruling on two products.

One item, identified as the Uncle Milton Solar System, is a plastic mobile measuring 16.1” x 11” x 5.6” designed to be mounted to the ceiling. It consists of a “light-up sun” containing three LED lights and full-color detailed models of the planets orbiting around the “sun” following two tracks to give the illusion that the planets are moving at different speeds. The solar system mobile comes with an audio CD that guides the user on a tour of the solar system, a remote control/light pointer that locates each planet and glow-in-the-dark stickers that mount to the ceiling.

A second product, Uncle Milton Moon in my Room, is a plastic illuminated fixture featuring a remote-controlled glow-in-the-dark moon with a contoured and textured detailed lunar moonscape and 12 lunar phases so that the moon can be changed every night to match that night’s moon. The moon fixture, measuring 13.4” x 11.1” x 3.7”, is illuminated by six LED lights. The product comes with a discovery guide with calendar, moon phase charts and instructions and an audio CD that guides the user on a tour of the moon. Both the items are battery operated and recommended for children ages 6 to 12.

The applicable subheading for the Uncle Milton Solar System mobile and the Uncle Milton Moon in my Room fixture 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 toys; reduced-scale (“scale”) models and similar recreational models, working or not; puzzles of all kinds; parts and accessories thereof, 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).

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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