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NY N019843

December 7, 2007



TARIFF NO.: 9503.00.0080

Ms. Una Gauthier
Barthco International Inc.
One CVS Drive
Woonsocket, RI 02895

RE: The tariff classification of Patriotic Pinwheel, Item 309635, from China

Dear Ms. Gauthier:

In your letter dated November 14, 2007, on behalf of your client, CVS Pharmacy, you requested a tariff classification ruling.

The sample submitted is a patriotic pinwheel made of metalized plastic. The head of the pinwheel measures approximately 4 inches wide and is attached to a plastic stick measuring approximately 15 inches. The toy allows a child to point the pinwheel toward the wind and the pinwheel will turn and display combinations of different colors and patterns. The toy is put up for the amusement of children.

The applicable subheading for the Patriotic Pinwheel 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 Wayne Kessler at 646-733-3025.


Robert B. Swierupski

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