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NY A84647




June 14, 1996

CLA-2-95:RR:NC:FC: 225 A84647

CATEGORY: CLASSIFICATION

TARIFF NO.: 9503.90.0030

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 toy tornado from Taiwan

Dear Mr. Engers:

In your letter dated May 1, 1996, received by fax in this office on June 10, 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, plastic, cylinder. The cylinder is predominantly clear with the exception of a printed design of a funnel type tornado. In addition to water, the cylinder contains miniscule light reflecting particles which swirl around in the water when shaken. To cause the appearance of a tornado formation, one is instructed to shake the cylinder in a circular motion then hold upright to view the transient image.

The applicable subheading for the hand held "Pet Tornado" 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 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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