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NY C82665




December 22, 1997

CLA-2-95:RR:NC:2:224 C82665

CATEGORY: CLASSIFICATION

TARIFF NO.: 9503.49.0025

Jamie Boucher
McKenna & Cuneo, L.L.P.
1900 K Street, N.W.
Washington, D.C. 20006-1108

RE: The tariff classification of three plastic toys from China.

Dear Ms. Boucher:

In your letter dated December 16, 1997, you requested a tariff classification ruling, on behalf of Simon Marketing, Inc., your client.

You are requesting the tariff classification on three miniature transformer plastic toys. The first toy is a lobster robot. The lobster transforms into a robotic "lobster man" when the small legs of the lobster are pulled out. The toy is approximately 4 inches long. The second is a metallic dinosaur which transforms into a robotic "dinosaur man" when the arms and head of the dinosaur are moved backwards. The third toy is a metallic spider which transforms into a robotic "spider man" when the spider's legs are pushed outwards and its head is pushed forward. Samples will be returned, as requested.

The applicable subheading for the three transformer toys will be 9503.49.0025, Harmonized Tariff Schedule of the United States (HTS), which provides for "Toys representing animals or non-human creatures...and parts and accessories thereof: Other ...Toys." 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 Tom McKenna at 212-466-5475.

Sincerely,

Robert B. Swierupski
Director,

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