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NY N021214




January 9, 2008

CLA-2-95:OT:RR:E:NC:2:224

CATEGORY: CLASSIFICATION

TARIFF NO.: 9503.00.0080

Ms. Shane Brooks
Summit Products, LLC
7299 Gadsden Hwy
Trussville, AL 35173

RE: The tariff classification of a toy Strikeout Machine from China

Dear Ms. Brooks:

In your letter dated December 21, 2007, you requested a tariff classification ruling.

You are requesting a tariff classification on a product that is described as a Strikeout Machine; there is no designated item number for the product. The Strikeout Machine is a hand-held toy that launches foam balls for hitting practice. The unit has two speed settings (low and high) to control the velocity of the launched balls. Four foam balls are included with the battery operated toy ball launcher. An illustration was submitted, in lieu of a sample.

The applicable subheading for the Strikeout Machine (toy ball launcher) will be 9503.00.0080, Harmonized Tariff Schedule of the United States (HTSUS), which provides for tricycles, scootersand similar wheeled toysdolls, other toyspuzzles of all kinds; parts and accessories thereof. 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.

Sincerely,

Robert B. Swierupski
Director,

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