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NY C85533




April 15, 1998

CLA-2-95:RR:NC:SP:225 C85533

CATEGORY: CLASSIFICATION

TARIFF NO.: 9503.90.0020

Mr. Rodney Ralston
Trans-Border Customs Services, Inc.
One Trans-Border Drive
P.O. Box 800
Champlain, N.Y. 12919

RE: The tariff classification of an inflatable balloon from Taiwan

Dear Mr. Ralston:

In your letter dated March 18, 1998 you requested a tariff classification ruling on behalf of your client Hill Mar, Inc.

A sample of the "Self-Inflatable Toy Balloon" accompanied your inquiry. The product consists of a self inflating mylar balloon and a plastic wand packaged together in a cellophane bag. In it's imported condition, the mylar balloon is uninflated. According to your client, the contents of the balloon are lemon acid and baking soda. When these ingredients are mixed, by massaging the balloon (instructions are provided on the bag), the reaction causes the balloon to inflate. The consumer may fasten the balloon to the end of the plastic wand enabling one to hold or wave the balloon in the air.

The applicable subheading for the "Self-Inflatable Toy Balloon" will be 9503.90.0020, Harmonized Tariff Schedule of the United States (HTS), which provides for other toys: other: inflatable toy balls, balloons and punchballs. The rate of duty will be free.

Please note, that importations of this article may be subject to the provisions of Section 133 of the Customs Regulations if they copy or simulate a trademark, tradename or copyright registered with the United States Customs Service. If you are an authorized importer of the above named product we recommend notifying your local Customs office prior to importation. It should also be noted that, the item is subject to Consumer Product Safety Commission regulations.

For your information, the marking statute, section 304, Tariff Act of 1930, as amended (19 U.S.C. 1304), provides that, unless excepted, every article of foreign origin (or its container) imported into the U.S. shall be marked in a conspicuous place as legibly, indelibly and permanently as the nature of the article (or its container) will permit, in such a manner as to indicate to the ultimate purchaser in the U.S. the English name of the country of origin of the article. Please ensure that these requirements are satisfied.

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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