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NY C82430




December 17, 1997

CLA-2-95:D13 C82430

CATEGORY: CLASSIFICATION

TARIFF NO.:9503.90.0045

Ms. Sally Berghauser
The Paper Magic Group, Inc.
P O Box 977
Scranton, Pa 18501

RE: The tariff classification of the "Lost in Space-Jupiter II", made in China.

Dear Ms. Berghauser:

In a letter dated December 1, 1997 you requested a tariff classification ruling on the "Lost in Space-Jupiter II".

A sample of article was provided with your letter. The "Lost in Space-Jupiter II" is a small plastic representation of a flying saucer designed to be suspended over a plastic base representing the surface of a planet. The saucer, which is attached to a metal filament, is suspended over the base. Attached to the underside of the saucer is a magnet which is set opposite to six electromagnets that are inside the base. The opposing magnets cause the saucer to move around the base. Lights on the saucer are powered by a 1.5 volt battery which is included. The electromagnets inside the base are powered with a 9 volt battery, not included.

The applicable subheading for the "Lost in Space-Jupiter II", 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 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.

Sincerely,

Jeffrey R. Walgreen
Port Director

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