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NY D80379




August 5, 1998

CLA-2-95:CO:CH:D12 D80379

CATEGORY;: Classification

TARIFF NO.: 9504.90.9080; 9503.90.0045

Stacy Haines
Classification Specialist
WalMart Stores, Inc.
702 SW 8th St.
Bentonville, AR 72716/4318

Dear Ms. Haines:

In your letter dated July 17, 1998, you requested a tariff classification for a "Fun Gear 3 in 1 Play Set" made in China.

The submitted sample consists of a toy jump rope, jacks, and a paddle ball from China. They are packaged in a compartmentalized plastic sheet.

The paddle ball is approximately 10 1/2" long. The paddle is plastic and the rubber ball is affixed by an elastic strand.

The jump rope consists of a braided cord of approximately 7' inserted into two handles on opposite ends. The handle is of "flimsy" construction and the item appears to be incapable of use for serious physical exercise. The construction, marketing and packaging of the jump rope is indicative of the class or kind of jump ropes classifiable as toys in Chapter 95.

The jacks and a ball are contained in a third compartment. Together they make up the well-known game of "jacks".

Your sample is being returned under separate cover.

The applicable subheading for the toy jump rope and paddle ball will be 9503.90.0045, Harmonized Tariff Schedule of the United States (HTS), which provides for other toys " Other: Other toys ....." The rate of duty will be free.

The applicable subheading for the "jacks and ball" will be 9504.90.9080, Harmonized Tariff Schedule of the United States (HTS), which provides for "Articles for arcade, table or parlor games....parts and accessories thereof....Other: Other:........'' The rate of duty will be free.

This ruling is being issued under the provisions of Section 177 of the Customs Regulations (19 C.F.R. 177).

A copy of this ruling letter should be attached to the entry documents filed at the time this merchandise is imported. If the documents have been filed without a copy, this ruling should be brought to the attention of the Customs officer handling the transaction.

Sincerely,

Larry Shirk Port Director
Chicago, Illinois

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