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NY D83059





October 6, 1998

CLA-2-95:RR:NC:2:224 D83059

CATEGORY: CLASSIFICATION

TARIFF NO.: 9503.49.0025

Lawrence J. Bogard
Neville, Peterson & Williams
1233 20th St., N.W., Suite 500
Washington, D.C. 20036

RE: The tariff classification of four plastic toys from China.

Dear Mr. Bogard:

In your letter dated September 28, 1998, you requested a tariff classification ruling, on behalf of Simon Marketing, Inc., your client.

You are requesting the tariff classification on four plastic toys which depict insects. The first item is an ant-like cartoon character sitting on a leaf that serves as the toy's base. The base has three free-rolling wheels on its underside. The second item represents an ant-like cartoon character lying in a prone position on a leaf shaped platform. The leaf has three free- rolling wheels on its underside. The third item depicts a smiling, rotund inchworm-like cartoon character which is constructed of light green plastic. The character moves in a mechanical approximation of the natural movement of an inchworm. A wind-up spring mechanism powers two wheels. All four samples will be returned, as requested.

The applicable subheading for the four plastic insect toys will be 9503.49.0025, Harmonized Tariff Schedule of the United States (HTS), which provides for "Toys representing animals or non-human creatures...and parts and accessories thereof: Other...Toys." The rate of duty will be 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. If you have any questions regarding the ruling, contact National Import Specialist Tom McKenna at 212-466-5475.

Sincerely,

Robert B. Swierupski
Director,

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