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NY B82657



March 24, 1997

CLA-2-95:D13 B82657

CATEGORY: CLASSIFICATION

TARIFF NO.: 9503.80.0040

Mr. Donald S. Simpson
Barthco Trade Consultants, Inc.
7575 Holstein Avenue
Philadelphia, Pa 19153

RE: The tariff classification of a "Radio Control Scale Model Motorcycle" made in China.

Dear Mr. Simpson:

In your letter dated February 28, 1997 you requested a tariff classification ruling on behalf of your client, Bachmann Industries, Inc.

Submitted with your request was a sample of a battery operated, radio controlled, scaled model motorcycle. The motorcycle is approximately sixteen inches in length and twelve inches in height and is said to be built to a 1/5 scale. A rider is permanently attached to the motorcycle. Also included is a launch stand and a two channel, battery operated, radio transmitter used to operate the motorcycle. The transmitters range is said to be two hundred and fifty feet. Batteries are not included in the packaging.

The applicable subheading for this "Radio Control Scale Model Motorcycle" will be 9503.80.0040, Harmonized Tariff Schedule of the United States (HTS), Other Toys and models incorporating a motor and parts and accessories thereof, Models. The rate of duty is 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. Your sample is being returned under separate cover.

Sincerely,

Jeffrey R. Walgreen
Port Director

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