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NY 891116





November 1, 1993

CLA-2-95:S:N:N8:225 891116

CATEGORY: CLASSIFICATION

TARIFF NO.: 9503.90.6000

Mr. Kenneth R. Scheel
Softsports, Inc.
Rt 4 Box 340
Elkton, VA 22827

RE: The tariff classification of a toy "slingsock" from China

Dear Mr. Scheel:

In your letter dated October 1, 1993, received in this office on October 5, 1993, you requested a tariff classification ruling.

The item called "slingsock" is a textile strip of material, filled with beans at one end and a piece of foam at the other. The bean filled end is sized to fit in the palm of one's hand. The "slingsock" is played by holding the foam piece and swinging the opposite end containing the beans. The swinging motion builds momentum, so that when released, the article flies up into the air and across to the other player. The activity is a simple throw and catch game.

The applicable subheading for the "slingsock" will be 9503.90.6000, Harmonized Tariff Schedule of the United States (HTS), which provides for other toys (except models), not having a spring mechanism. The duty rate will be 6.8 percent ad valorem.

Additionally, you requested information concerning protection of a U.S. patent pending on the above described article. This inquiry should be addressed to the Intellectual Property Rights Branch, U.S. Customs Service Headquarters, 1301 Constitution Avenue, N.W., Franklin Court, Washington D.C. 20229. Or you may contact the office directly at (202) 482-6960.

This ruling is being issued under the provisions of Section 177 of the Customs Regulations (19 C.F.R. 177).

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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