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NY D82711




October 19, 1998

CLA-2-95:D13 D82711

CATEGORY: CLASSIFICATION

TARIFF NO.: 9503.90.0045

Ms. Dawn Bialy
Paper Magic Group
401 Adams Avenue
Scranton, Pa. 18510

RE: The tariff classification of a "Dudley's Bunny Toy" and "Dudley's Swing Around Toy", made in China.

Dear Ms. Bialy:

In a letter dated September 16, 1998 you requested a tariff classification ruling on three products.

Included with your letter were samples; item #616000, "Dudley's Bunny Toy" and item #612065, "Dudley's Swing Around Toy". The third product, "Dudley's Wind Up Toy", will not be addressed here but will be the subject of a separate ruling D82712.

Item #616000 is a small colorful plastic airplane approximately 2.5" in length, set on small wheels. In the cockpit is the upper torso of a bunny acting as the pilot. This article is designed for children over 3 years of age.

Item #612065 is a small plastic frame approximately 4" in height. This frame is a small representation of a gymnastic high bar and it has a small bunny suspended from the bar. The frame has two upright columns that are connected together at the top with string twisted through the bar. In operation, two buttons located in the base are pushed causing the upper portion of the columns to separate. As the columns separate the string is pulled and straightened. As the string straightens, the bar turns causing the suspended bunny to swing up and around the bar.

The applicable subheading for the item #616000, "Dudley's Bunny Toy" and item #612065,"Dudley's Swing Around Toy" will be 9503.90.0045 Harmonized Tariff Schedule of the United States (HTS), which provides for Other Toys; reduced-size (scale) models and similar recreational models, working or not; Other, Other toys and models. The rate of duty is 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.

Sincerely,

Jeffrey R. Walgreen
Port Director

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