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NY D80622



August 11, 1998

CLA-2-95:NEW:TCB II:DO5-D80622

CATEGORY: CLASSIFICATION

TARIFF NO: 9503.70.0000

Mr. Louis S. Shoichet Esq.
Mr. Luis A. Abad Esq.
Tompkins & Davidson, LLP
One Astor Plaza
1515 Broadway
New York, NY 10036-8901

RE: The tariff classification of "Hot Wheels Racing Tuff Real Tool Sets" from China.

Dear Mr. Shoichet, and Mr. Abad:

In your letter dated July 27, 1998, on behalf of your client Tara Toy Corporation, you requested a tariff classification ruling.

With your letter you submitted samples of two "Hot Wheels Racing Tuff Real Tool Sets". Style #41135 consists of 13 assorted child sized working toy tools including a flashlight. The articles are imported and sold together with a fitted plastic case molded to replicate a mechanic's steel tool box. The case is also capable of holding up to 12 "Hot Wheels" toy cars. The complete set is packaged in a retail box. Style #41130 consists of 5 assorted toy tools. The tools in the assortment may vary. This set is packaged on a blister card.

The tools and flashlight included in the sets measure approximately 4 inches in length, are molded with the "Hot Wheels", "Racing Tuff" and or Mattel logo(s), and, although capable of limited use, are distinguishable from real hand tools by their size, construction and limited capacity. The country of origin for the "Hot Wheels Racing Tuff Real Tool Sets" will be China.

The applicable subheading for the "Hot Wheels Racing Tuff Real Tool Sets" will be 9503.70.0000 Harmonized Tariff Schedule of the United States (HTS) which provides for Other toys, put up in sets or outfits, and parts and accessories thereof. The applicable 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,

Kathleen M. Haage

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