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NY D83102




October 13, 1998

CLA-2:D:C:DO3 D83102

CATEGORY: CLASSIFICATION

TARIFF NO.: 9503.90.0045

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

RE: The tariff classification of four plastic toys manufactured in China.

Dear Mr. Bogard:

In your letter dated September 29, 1998, you requested a tariff classification ruling on behalf of Simon Marketing, Inc., Los Angeles, California.

You provided samples of the four plastic toy vehicles.

Blue Submarine (Wrin No. 00964-048)-The article is a 3.5 inch long light blue submarine with an internal wind-up mechanism and propeller. The toy is capable of operation in water.

Green Mini-Submarine (Wrin No. 00964-051)-This toy is a 3.75 inch long light green undersea research vehicle. It has a wind-up mechanism that propels a set of wheels and a set of salvage hooks located on the front of the vehicle. The toy could be operated under water or on land.

Orange Mini-Submarine (Wrin No. 00964-054)-This toy is similar to Wrin No. 00964-051 but has a grasping claw and a probe on the front of the vehicle.

Clown Driving Mini-Submarine (Wrin No. 00964-057)-This is a 4.25 inch long red undersea vehicle driven by a clown. As with the other toy vehicles, this article has a wind-up mechanism and a set of wheels, but with a set of battering rams on the front of the vehicle.

The applicable subheading for all of the forgoing articles is 9503.90.0045, Harmonized Tariff Schedule of the United States (HTS), which provides for other toys, other, other toys and models. This classification is free of duty.

The samples have been returned under separate cover.

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,

David F. Greenleaf
Port Director

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