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NY C86363




April 13, 1998

CLA-2-95:RR:NC:2:224 C86363

CATEGORY: CLASSIFICATION

TARIFF NO.: 3926.90.7500

Helen Chip
Shelcore Toys
347 Elizabeth Ave.
Somerset NJ 08873-1101

RE: The tariff classification of water inflatables from China.

Dear Ms. Chip:

In your letter dated March 3, 1998, received by the Customs Service on April 7, 1998, you requested a tariff classification ruling.

The merchandise consists of inflatables articles used in pools or beach areas for recreational use. One article, identified as item #03637, Baby Ring Float, consists of an inflatable tube with a seat, pillow back and headrest. This item is said to impart water awareness to the baby or young child, ages 6 to 18 months.

Item #03638, Activity Float Boat, is an vinyl inflatable pentagon shape with seat, handles, headrest and built-in toy features. It is said to be designed for the use of children 6 to 24 months of age.

Item #03639, Three Chamber Tube, is made of heavy gauge vinyl, with a triple chamber structure and grip handles. This tube is durable, allowing the child of 3 to 7 years of age full body freedom to perform various movements including vertical body kicks as well as treading water.

The last article, item #03654, Comfy Curve, is a body-contoured pool lounge for adults measuring 63" x 35". It is made of heavy-duty vinyl with a double air chamber system.

It is the opinion of this office that these inflatables are principally supporting devices for children or adults when engaged in water recreation or in the introduction to water awareness. Similar inflatable articles have received like tariff treatment. See New York rulings NY A82477, NY A82476 and NY A82478, all dated April 22, 1996, and NY 817361 dated December 22, 1995.

The applicable subheading for the above-described water inflatables will be 3926.90.7500, Harmonized Tariff Schedule of the United States (HTS), which provides for "Pneumatic mattresses and other inflatable articles, not elsewhere specified or included." The duty rate will be 4.2 percent ad valorem.

This ruling is being issued under the provisions of Section 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, National Commodity Specialist Division


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