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NY 806048





February 7, 1995

CLA-2-95:S:N:N8:225 806048

CATEGORY: CLASSIFICATION

TARIFF NO.: 9503.90.0030

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

RE: The tariff classification of a water shooting toy from China

Dear Ms. Aldinger:

In your letter dated January 12, 1995, you requested a tariff classification ruling.

The "Super Squirt X-Tinguisher", item #94025, is a toy representation of a fire extinguisher. The plastic exting- uisher measures approximately 14 inches in height and will be imported on a cardboard header. The red cylinder portion is intended to hold water. Attached to the cap is a handle grip with a plastic pump mechanism. The item is used by pushing the pump up and down into the container which causes a build up of pressure. When the handle grip is squeezed water is forced out of the nozzle. The toy claims to shoot water for a distance of up to 30 feet.

The applicable subheading for the "Super Squirt X- Tinguisher", item #94025, will be 9503.90.0030, Harmonized Tariff Schedule of the United States (HTS), which provides for other toys (except models), not having a spring mechanism. The rate of duty will be free.

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
Area Director

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