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NY F80062




December 17, 1999

CLA-2-95:RR:NC:SP:225 F80062

CATEGORY: CLASSIFICATION

TARIFF NO.: 9505.90.4000

Ms. Tina Jansen
USF Worldwide, Inc.
1100 Arlington Heights Road
Suite 600
Itasca, IL 60143

RE: The tariff classification of noisemakers from China

Dear Ms. Jansen:

In your letter dated November 22, 1999, you requested a tariff classification ruling on behalf of Logo Bangers, Inc.

A representative sample of “Logo Bangers,” along with marketing literature, was received with your inquiry. The product consists of two inflatable articles that are shaped like a rocket but with a rounded point. They measure approximately 25 inches in length, are handheld and lightweight. The “Bangers” are made of polyurethane plastic and will be imported, deflated, in sets of two per polybag. The “Logo Bangers,” once inflated, are intended to be knocked together to create a drum-like sound. They will be marketed as a handheld cheering device used by spectators at sports events such as high school, college or professional games. In addition, they may be purchased as a fun activity for use at parties. The “Logo Bangers” are available in assorted colors and may contain a printed logo or advertisement.

It is the opinion of this office that, although the “Logo Bangers” may have some use in advertising a trade name or product, they are primarily designed for the simple amusement pleasure of striking one against the other, thereby, creating a sound effect.

The applicable subheading for the “Logo Bangers” will be 9505.90.4000, Harmonized Tariff Schedule of the United States (HTS), which provides for festive, carnival or other entertainment articles: confetti, paper spirals or streamers, party favors and noisemakers; parts and accessories thereof. The rate of duty in 1999 and 2000 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 Alice J. Wong at 212-637-7028.

Sincerely,

Robert B. Swierupski
Director,

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