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NY 813769




September 13, 1995

CLA-2-95:S:N:N7:225 813769

CATEGORY: CLASSIFICATION

TARIFF NO.: 9503.90.0030

Ms. Marianne Rowden
Follick & Bessich, P.C.
33 Walt Whitman Road, Suite 204
Huntington Station, N.Y. 11746

RE: The tariff classification of a toy "Stress Ball" from China

Dear Ms. Rowden:

In your letter dated August 10, 1995, received in this office on August 15, 1995, you requested a tariff classifi-cation ruling on behalf of your client Prime Resources Corporation.

The article submitted, called a "Stress Ball", is made of solid foam rubber with a diameter of approximately 2 1/2 inches. The surface of the ball bears a raised impression of the continents. In your letter it is suggested that by squeezing the ball one may relieve stress.

Regardless of the marketing theme for the item, the "Stress Ball" is a foam rubber ball that is principally used for amusement purposes. Your sample is being returned as requested.

As discussed in a phone conversation with a member of my staff, the issue of foam shapes depicting human body parts or organs will be addressed in a future ruling request for which you will submit samples.

The applicable subheading for the "Stress Ball" 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.

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.

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

A copy of the ruling or the control number indicated above should be provided with the entry documents filed at the time this merchandise is imported. If you have any questions regarding the ruling, contact National Import Specialist Alice Wong at 212-466-5538.

Sincerely,

Roger J. Silvestri
Director

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