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NY 862382

May 9, 1991

CLA-2-95:S:N:N3D:225-862382

CATEGORY: CLASSIFICATION

TARIFF NO.: 9503.90.7030

Ms. Lori Aldinger
Rite Aid Corporation
P.O. Box 3165
Harrisburg, PA 17105

RE: The tariff classification of a toy vehicle with driver from China

Dear Ms. Aldinger:

This classification decision under the Harmonized Tariff Schedule of the United States (HTS) is being issued in accordance with the provisions of Section 177 of the Customs Regulations (19 C.F.R. 177).

DATE OF INQUIRY : April 9, 1991

ON BEHALF OF : Rite Aid Corporation

DESCRIPTION OF
MERCHANDISE : Item number 15472 is a pull back action racing kart with rider. The kart and figure are made of plastic.
The figure is permanently fixed in a seated position with one arm outstretched giving the appearance of holding the steering wheel.
Although the figure is removable from the kart, its play use is restricted by the molded shape of the body. The essential character of this set is imparted by the vehicle.

HTS PROVISION : Other toys, having a spring mechanism

HTS SUBHEADING : 9503.90.7030

RATE OF DUTY : 6.8 percent ad valorem

A copy of this ruling letter should be attached to the entry documents filed at the time this merchandise is imported. If the documents have been filed without a copy, this ruling should be brought to the attention of the Customs officer handling the transaction.

Sincerely,

Jean F. Maguire

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