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NY 812921




August 23, 1995

CLA-2-95:S:N:N7:225 812921

CATEGORY: CLASSIFICATION

TARIFF NO.: 9503.70.0030

Mr. Barry E. Powell
Grunfeld, Desiderio,
Lebowitz & Silverman
707 Wilshire Blvd. Suite 5555
Los Angeles, CA 90017

RE: The tariff classification of a ball play center from China

Dear Mr. Powell:

In your letter dated July 21, 1995, you requested a tariff classification ruling on behalf of your client Posit- Plus, Inc.

A sample of the "Magic Ball Zone" was submitted with your inquiry. The article consists essentially of a nylon, hexagon shaped, enclosure and 350 plastic balls. The set will be imported in a closed box for retail sale. The hollow, multi- colored, balls each measure approximately 3 inches in dia- meter. The fabric enclosure, composed of a flexible wire frame, unfolds to a size of 40 inches in height and 55 inches in width. Each side of the item is partially constructed with a nylon mesh screen. Two panels have a zippered screen permitting a child access to the inside of the unit. It is the intent of the article to allow children to romp amidst a deluge of balls contained within a specific visible area. The "Magic Ball Zone" is similar to the "Ball Pit" which Customs Service Headquarters had classified as a toy set in HQ 956974 dated November 23, 1994.

The set is put up in a manner clearly indicating its use as a toy for children's amusement. Your sample is being returned as requested.

In your letter, you state that all articles in the set are from China with the exception of the balls which may be from China, Denmark or the United States. All components of the "Magic Ball Zone" will be packaged together in China and imported in one retail package suitable for direct sale to consumers without repacking.

The marking statute, section 304, Tariff Act of 1930, as amended (19 U.S.C. 1304), provides that, unless excepted, every article of foreign origin (or its container) imported into the U.S. shall be marked in a conspicuous place as legibly, indelibly and permanently as the nature of the article (or its container) will permit, in such a manner as to indicate to the ultimate purchaser in the U.S. the English name of the country of origin of the article. Please ensure that these requirements are satisfied.

The applicable subheading for the "Magic Ball Zone" will be 9503.70.0030, Harmonized Tariff Schedule of the United States (HTS), which provides for other toys, put up in sets or outfits, and parts and accessories thereof: other: other. 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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