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NY 818831




February 28, 1996

CLA-2-95:RR:NC:FC: 225 818831

CATEGORY: CLASSIFICATION

TARIFF NO.: 9503.90.0030

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

RE: The tariff classification of a child's toy from China

Dear Mr. Powell:

In your letter dated January 30, 1996 you requested a tariff classification ruling on behalf of your client Playhut, Inc.

The article submitted, called "Build-N-Play", consists of several panels which may be joined together via hook and loop fastener material. Each panel, made of nylon material, is triangular in shape with a circular opening in the center. A flexible wire is sewn along the outer edges to provide support. The connecting panels may be positioned to form an open structure. Upon assembly, a child may crawl through the panel openings or play within.

The nylon panels will be imported packaged inside a nylon bag within a closed box for retail sale. The bag is specially designed and fitted for use to carry the specified panels. In accordance with General Rule of Interpretation 5(a) bags which are "specially shaped or fitted to contain a specific article or set of articles, suitable for long-term use and entered with the articles for which they are intended, shall be classified with such articles". Your sample is being returned as requested.

The applicable subheading for the "Build-N-Play" 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 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 J. Wong at 212-466-5538.

Sincerely,

Roger J. Silvestri
Director,

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