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NY D86407




February 4, 1999

CLA-2-95:S:T:1:3:D14 D86407

CATEGORY: CLASSIFICATION

TARIFF NO: 9503.90.0045

Barry E. Powell, Esq.
Grunfeld, Desiderio, Lebowitz & Silverman LLP 707 Wilshire Boulevard, Suite 4900
Los Angeles, CA 90017

RE: The tariff classification of three (3) Collapsible Play Environments from China

Dear Mr. Powell:

In your letter dated January 8, 1999, you requested a tariff classification ruling on behalf of your client Play Hut, Inc. Representative samples of the subject articles were submitted with your inquiry. The samples are being returned under separate cover.

The first sample is a collapsible Aplay environment@ in the shape of a choo choo train. It is composed of 100% nylon, woven, multi-colored fabric which is attached to a self-erecting metal frame. It consists of three (3) principal modules, the Aengine@, the Acaboose@ and the Acow-catcher@ which also serves as a crawl tunnel. It also has an 8" cube-shaped Asmoke stack@ which is attachable to the Acow-catcher@. The components and modules connect together by way of velcro fasteners. The train measures approximately 36" X 30" X 90" in height, width and length, respectively. It has an opening in the top and a textile Adoor@ on the left side of the engine which measures approximately 32" high and 18" wide. The crawl tunnel measures approximately 21" in diameter.

The second sample is a collapsible Aplay environment@ in the shape of an airplane. It is composed of 100% nylon, woven, multi-colored fabric which is attached to a self-erecting metal frame. It measures approximately 72" from Awing tip@ to Awing tip@, 40" high and 48" long. It has a simulated propeller that measures approximately 29" in diameter. It also has a Ahatch@ on the top of the Acockpit@ that measures approximately 16" in diameter. There is a crawl hole in the rear of the Afuselage@ that measures approximately 21" in diameter.

The third sample is a collapsible Aplay environment@ in the shape of a space shuttle. It is composed of 100% nylon, woven, multi-colored fabric which is attached to a self-erecting metal frame. It measures approximately 84" from Awing tip@ to Awing tip@, 47" high and 72" long. It has a crawl hole in the front that measures approximately 18" in diameter. It also has a Adoor@ on the left side of the Acockpit@ that measures approximately 27" high and 18" wide. There is an emblem of the American flag on the front of the Afuselage@.

The applicable tariff provision for the three (3) articles will be 9503.90.0045, Harmonized Tariff Schedule of the United States (HTS), which provides for Other toys and models. 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 should be provided with the entry documents filed at the time this merchandise is imported.

Sincerely,

Irene Jankov
Port Director

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