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PD A86816
September 10, 1996

CLA-2-95:NEW:TCB II:DO5-A86816

CATEGORY: CLASSIFICATION

TARIFF NOS.: 9503.90.0030; 9503.90.0070

Ms. Myra Sims
Sims, Waters & Associates, Inc.
444 Talleyrand Avenue
Jacksonville, FL 32202

RE: The tariff classification of a toy gun and accessories from China.

Dear Ms. Sims:

In your letter dated August 20,1996, on behalf of your client Ja-Ru, Inc. you requested a tariff classification ruling.

With your letter you submitted samples of two items. The first item is called the "Party Popper". The "Party Popper" consists of a toy gun and five plastic cartridges which are packaged together in a blister pack. The cartridges are loaded one at a time into the top of the gun. When the trigger of the gun is pulled, the cartridge explodes with a loud pop and a stream of confetti or streamers shoots out. The gun is painted a bright pink and yellow, and appears to comply with the marking requirements for toy imitation firearms. The second item consists of a package of refill cartridges for the "Party Popper".

The applicable subheading for the "Party Popper" will be 9503.90.0030 Harmonized Tariff Schedule of the United States (HTS), which provides for Other toys; Other...... Other: Other toys (except models), not having a spring mechanism. The applicable rate of duty will be free.

The applicable subheading for the "Party Popper" refill pack will be 9503.90.0070 Harmonized Tariff Schedule of the United States (HTS), which provides for Other toys; Other..... Other: Other: Parts and accessories. The applicable 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 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,

Kathleen M. Haage

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