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NY A82995




May 15, 1996

CLA-2-95:RR:NC:FC: 225 A82995

CATEGORY: CLASSIFICATION

TARIFF NO.: 9503.80.0010

Mr. George S. Engers & Co.
G.S. Engers & Co.
9600 N.W. 25th Street Suite 5F
Miami, Florida 33172

RE: The tariff classification of a motorized toy from Taiwan

Dear Mr. Engers:

In your letter dated April 19, 1996, received in this office on April 25, 1996, you requested a tariff classification ruling on behalf of your client Devsher Imports, Inc.

The subject article, for which you have submitted a sample, is called a "Pet Tornado". The item consists of a water filled cylinder that fits into a motorized base. Two "AA" size batteries, found in the base, activate a vibration when the switch is turned to the "on" position. A knob located on the side of the base may be turned to increase the intensity of agitation. The vibration causes a unique reaction within the cylinder which creates the appearance of a tornado formation.

The applicable subheading for the "Pet Tornado" will be 9503.80.0010, Harmonized Tariff Schedule of the United States (HTS), which provides for other toys (except models): incorporating an electric motor. 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.

Section 134.46, Customs Regulations (19 CFR 134.46), requires that in any case in which the words "United States," or "American," the letters "U.S.A.," any variation of such words or letters, or the name of any city or locality in the United States, or the name of any foreign country or locality other than the country or locality in which the article was manufactured or produced, appears on an imported article or its container, there shall appear, legibly and permanently, in close proximity to such words, letters, or name, and in at least a comparable size, the name of the country of origin preceded by "Made in," Product of," or other words of similar meaning.

The sample you have submitted is not properly marked with the country of origin. You may wish to discuss the matter of country of origin marking with the Customs import specialist at the proposed port of entry.

This ruling is being issued under the provisions of Part 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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