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NY N015784

September 11, 2007

CLA-2-RR:NC: 2:224

CATERGORY: Classification

TARIFF NO: 9503.00.0080

Ms. Sherry Sampson
Whirley Industries, Inc.,
P.O. Box 988
Warren, PA 16365

RE: The tariff classification of Shamu Snak Pak, Item SNK-SH from China.

Dear Ms. Sampson:

In your letter dated August 10, 2007, you requested a tariff classification ruling.

The sample submitted, Shamu Snak Pak, is a black and white plastic container molded into the shape of a whale. The whale container measures approximately 10 inches in length and 8 ½ inches in height. The container is molded into a replica of “Shamu” the whale which is located in the Sea World Adventure Park. The words “Sea World Adventure Parks” are printed on the outside of the container. The container is constructed to be used as a food container for a children’s meal at the food establishments in a park or zoo and will be given away as a novelty toy. In addition, you state that you intend to import similar items in various colors and shapes such as cheetah heads, tiger heads and monkey heads. These items are put up for the amusement of children.

    The applicable subheading for Shamu Snak Pak, Cheetah Heads, Tiger Heads and Monkey Heads will the 9503.00.0080, Harmonized Tariff Schedule of the United States (HTSUS), which provides for Tricycles, scooters, pedal carsother toysparts 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 Thomas McKenna at 646-733-3025.


Robert B. Swierupski

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