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NY C80769





November 17, 1997

CLA-2-95:RR:NC:SP:225 C80769

CATEGORY: CLASSIFICATION

TARIFF NO.: 9503.90.0045

Mr. David S. Wrenn
My-Wren Products
P.O. Box 929
Woonsocket, RI 02895

RE: The tariff classification of a toy from China

Dear Mr. Wrenn:

In your letter dated October 20, 1997 you requested a tariff classification ruling.

The article "First Kicks" is an infant activity center designed to encourage a child to kick and move the feet. You have submitted advertising literature and a video tape which demonstrates how the product will be used. The item is composed of a quilted textile pad and a plastic polyethylene board that incorporates a rattle, dangling objects and a mirror. The pad is intended to rest on a flat surface, such as the floor, while the activity center stands erect. When a child is placed on the quilted pad (which contains a restraining strap) their feet will touch the upright activity center. As the child explores the sensations of the polyethylene board, the urge to stretch and place pressure on the item will cause the activity center to move forward and spring back. This rocking motion of the board produces changing reflections in the mirror, rattling sounds, and shifting of plastic patterned shapes that dangle from the top.

The unit provides an entertaining and stimulating means to encourage the development of motor skills in young children. It is designed primarily for amusement and, therefore, is considered a toy for classification purposes. Your video tape is being returned as requested.

The applicable subheading for the "First Kicks" will be 9503.90.0045, Harmonized Tariff Schedule of the United States (HTS), which provides for other toys: other: other toys and models. 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,

Robert B. Swierupski
Director,

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