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NY 806771




March 8, 1995

CLA-2-95:S:N:N8:225 806771

CATEGORY: CLASSIFICATION

TARIFF NO.: 9503.90.0030

Mr. Tom Walker
Chase Toys Inc.
1623 Goodyear Avenue, Suite C
Ventura, CA 93003

RE: The tariff classification of a plastic toy imported from Mexico of U.S. and China origin

Dear Mr. Walker:

In your letter dated January 19, 1995, received in this office on February 7, 1995, you requested a tariff classifi- cation ruling.

A sample of the "Fidget Widget" was submitted with your inquiry. The article consists of plastic, interlocking, pieces permanently joined together to form a ring. The product may be manipulated into various positions. When maneuvering the item a clicking sound is produced from the hinged pieces. Amusement is derived from simply manipula- ting the article.

You indicate in your letter that the plastic toy will be produced in the U.S. and exported to a Maquilladora in Mexico where it will be packaged in a nylon net from China bearing a cardboard header. The net is considered usual packaging material of a kind normally sold therewith and, when imported with the "Widget", is classifiable with its contents.

The applicable subheading for the "Fidget Widget" 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.

Section 304 of the Tariff Act of 1930 as amended, states that all articles entering the commerce of the United States must be marked with the country of origin as perman-
ently and conspicuously as the article will permit. The Federal Trade Commission has authority to approve when an article may be marked "Made in U.S.A.". Therefore, you are advised to contact that office for further information on this matter at (202) 326-3029.

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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