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NY B80335




December 26, 1996

CLA-2-95:RR:NC:2:225 B80335

CATEGORY: CLASSIFICATION

TARIFF NO.: 9503.90.0030

Ms. Valerie Jacobs
Micro Games of America
16730 Schoenborn Street
North Hills, CA 91343-6122

RE: The tariff classification of a toy gun from Hong Kong

Dear Ms. Jacobs:

In your letter dated December 5, 1996 you requested a tariff classification ruling on behalf of ABC International Traders, Inc.

A sample of the "Electronic Space Jam Shooter" was submitted with your inquiry. The article consists of a battery operated plastic toy gun and two foam balls. The balls serve as ammunition for the gun. When the trigger is pulled, not only do the balls shoot out but a prerecorded message is played announcing phrases such as "nice shot Doc" or "shoot again". The balls are propelled by a force of air produced by cocking the hammer and pulling back on the trigger. The tip of the barrel is an orange color which extends for 1 inch on both the exterior and interior surface of the barrel. The entire gun is predominantly orange and blue in color. The item measures approximately 7 inches in height and 11 inches in length. Two "AA" size batteries are included.

It would appear that the "Electronic Space Jam Shooter" meets the marking requirements of Public Law 100-615; 15 U.S.C. 5001; 15 CFR Part 1150; Federal Register Vol. 54, No. 86, pp 19358 (May 5, 1989). The Department of Commerce has final authority in this matter. For further information, please contact, the Office of Deputy Chief Counsel, Department of Commerce at (301) 975-2803.

The applicable subheading for the "Electronic Space Jam Shooter" 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.

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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