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NY D83842




November 12, 1998

CLA-2-95:RR:NC:2:224 D83842

CATEGORY: CLASSIFICATION

TARIFF NO.: 9503.49.0025

Helene Chip
Shelcore Toys
347 Elizabeth Avenue
Somerset, NJ 08873-1101

RE: The tariff classification of plastic whale toys and plastic sea creature toys from China.

Dear Ms. Chip:

In your letter dated October 30, 1998, you requested a tariff classification ruling.

You are requesting the tariff classification on two types of plastic bath or wading pool toys. The first item, number 02655, is comprised of a Shamu whale toy and a Baby Shamu whale toy. These are soft, durable toys made of vinyl, and are designed for bath or wading pool fun. The characters are designed to represent Sea World's popular whales. The second item, number 02666, is comprised of four varieties of sea creature toys: a sting ray, a piranha, a sawfish, and a sea horse. The toys are easy to fill and squirt for pool and bathtime fun.

The applicable subheading for the plastic bath/pool 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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