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NY 892363




December 8, 1993

CLA-2-95:S:N:N8:224 892363

CATEGORY: CLASSIFICATION

TARIFF NO.: 9503.49.0020

Ms. Mary Jo Muoio
Wolf D. Barth Co. Inc.
90 West Street
New York, NY 10006

RE: The tariff classification of "Peter the `Repeat'Parrot" toy animal figure from China.

Dear Ms. Muoio:

This classification decision under the Harmonized Tariff Schedule of the United States (HTS) is being issued in accordance with the provisions of Section 177 of the Customs Regulations (19 C.F.R. 177).

DATE OF INQUIRY : November 12, 1993

ON BEHALF OF : Alco Industries

DESCRIPTION OF
MERCHANDISE : The submitted sample is a battery operated "talking" parrot measuring approximately 8 inches in height.
The figure is composed of textile fabric affixed over a plastic body with a plastic beak and eyes. The figure stands on a plastic log which houses two "AA" cell batteries and one nine volt battery. When operational the item repeats what is spoken to it and moves its head and flaps its wings.

HTS PROVISION : Toys representing animals or non-human creatures, other than stuffed, not having a spring mechanism.

HTS SUBHEADING : 9503.49.0020

RATE OF DUTY : 6.8 percent ad valorem.

OTHER : The sample will be returned as requested.

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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