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NY A88813




Novenber 19, 1996

CLA-2-95:LA:S:T:1:3:D14-A88813

CATEGORY: CLASSIFICATION

TARIFF NO: 9503.90.0030

Mr. Brian J. O'Shea
McKenna & Cuneo
1900 K Street, N.W.
Washington, D.C. 20006

RE: The tariff classification of four (4) plastic toys from China

Dear Mr. O'Shea:

In your letter dated October 22, 1996 you requested a tariff classification ruling on behalf of your client Simon Marketing, Inc. Samples of the subject articles were submitted with your inquiry. Each article is brightly colored and is made of molded plastic.

The first item is called a "Toy Clock." This item resembles a mantle clock and measures approximately 3 1/2 inches x 2 1/4 inches x 1 1/2 inches in height, width and depth, respectively. The clock has two (2) yellow hands which are connected to a dial on the back of the clock. A child can turn the hands of the clock by turning such dial. The face of the clock is printed with the hours, two (2) humanoid eyes, a mouth with a smile, and pictures of the sun, stars and moon. The body of the clock is red with a blue and red top. Molded to the side and front of the clock are miniature teddy bears - one of which is comically clinging to the clock's pendulum.

The second item is called a "Rattle Ball." This item consists of a hollow ball with a metal piece inside and measures approximately 2 1/2 inches in diameter. The metal piece makes a rattle sound, when the ball is shaken. The ball consists of three (3) sections. The "top" section is blue, the "mid-section" is yellow and the "bottom" section is red. Molded to the sides of each section are depictions of musical notes, stars, birds, cats, puppies, cars and trains.

The third item is called a "Rolling Telephone." This item depicts a desk telephone set on four (4) red free-wheeling wheels. It measures approximately 2 inches x 3 1/2 inches x 3 1/2 inches in height, width and depth, respectively. The telephone has a rotary dial which emits a clicking sound when turned. The body of the telephone is white with a blue bottom. The handset, which is permanently molded to the cradle, is red. The front of the phone is molded with eyes, a nose and mouth, which provides the toy with a humanoid appearance.

The fourth item is called a "Roll-Around Toy." This toy consists of a blue plastic dome covering a white plastic ball. The dome has an opening at the bottom, which allows the dome to be rolled on the encased ball. The dome also has a cut-out, window opening in the front. The white ball is painted with the faces of a puppy with black eyes, nose and spots. When the ball is spun in the dome, the various faces of the puppy appear in the cut-out opening. The blue dome, which covers the white ball, has two (2) floppy dog ears molded on the top, a molded dog tail on the back and molded paws on the front.

The applicable tariff provision for these articles will be 9503.90.0030, Harmonized Tariff Schedule of the United States (HTSUS) which provides for Other toys (except models), not having a spring mechanism, Other. The rate of duty will be free.

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.

Sincerely,

Audrey Adams
Port Director

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