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NY C83541



February 9, 1998

CLA-2-95:D13 C83541

CATEGORY: CLASSIFICATION

TARIFF NO.: 9503.90.0045

Mr. David Smith
Mermark
1250 boul.St. Jose
La Prairie, Quebec, Canada
J5R 6A9

RE: The tariff classification of the "Omega Ball", made in China.

Dear Mr. Smith:

In a letter dated January 6, 1998 you requested a tariff classification ruling on the "Omega Ball".

A sample of the article was provided with your letter. The ball is approximately two inches in diameter, composed of a thick latex shell. Inside the ball there are clear acrylic beads which make the ball feel and react more like a "bean-bag". A LED light circuit with battery is also inside the ball. This LED has an "on/off" switch which in the "ON" position causes a red light to shine through the acrylic beads and skin of the ball. The ball is constructed with an inverted balloon type opening that allows access to the LED switch while holding the beads inside. The ball is not used in any specific sport and the light inside allows one to see and toss the ball in the dark.

The applicable subheading for the "Omega Ball", 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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