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NY D86505




January 28, 1999

CLA-2-95:D13 D86505

CATEGORY: CLASSIFICATION

TARIFF NO.: 9503.90.0045

Ms. Tina Ellithorpe
Paper Magic Group
100 North Sixth Street
Suite 899C
Minneapolis, Mn 55403

RE: The tariff classification of a ABump >N Go Train, Egg Wagon, and a Jelly Bean Car@ made in China.

Dear Ms. Ellithorpe:

In a letter dated December 7, 1998, received January 7, 1999, you requested a tariff classification ruling on three products.

Included with your letter were three samples. The first sample, item #612455 is described as a ABump >N Go Train@. This article is a small plastic representation of a steam locomotive approximately 2.5 inches in length. There is a small colorful rabbit in the driver=s compartment. Inside the article is a spring that is wound by pulling the locomotive backwards on a flat surface. Once wound, the spring provides the energy for the locomotive to move. The locomotive can move forward or backward. The direction of the movement is controlled by a sliding plate under the locomotive which also forms the front and back bumper. In operation, after the spring is wound, the locomotive will move forward until striking an object. When the front bumper strikes the object the plate slides backwards changing the application of the spring=s energy in such a way as to cause the article to move backwards. The article continues to move backwards until it strikes an object at which time the plate slides forward causing the item to change direction again and start to move forward.

The second item, #612490, AEgg Wagon@, is a small plastic tricycle approximately 4 inches in length. Pedaling the tricycle is a small colorful rabbit. Permanently attached to the rear of the tricycle is a plastic basket. Inside the basket there is a large, hollow, two piece plastic egg. This tricycle does not have a spring and is designed to be pushed around by a child.

The third item, #612460 AJelly Bean Car@ is a small plastic pickup truck approximately 4.5 inches in length. A small rabbit sits in the drivers seat and there is a clear plastic cover over the cargo area. This cover is hinged and can be lifted to expose the cargo area. This article also does not have a spring and is designed to be pushed around by a child.

The applicable subheading for item #612455 ABump >N Go Train@; #612490 AEgg Wagon@; and #612460 AJelly Bean Car@ will be 9503.90.0045 Harmonized Tariff Schedule of the United States (HTS), which provides for Other toys and models, other. 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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