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NY F87380




June 12, 2000

CLA-2-95:RR:NC:SP:225 F87380

CATEGORY: CLASSIFICATION

TARIFF NO.: 9503.90.0045

Mr. Peter J. Cummings
Ozwest, Inc.
45853 NW Sell Road
Banks, OR 97106

RE: The tariff classification of a throw and catch toy from China

Dear Mr. Cummings:

In your letter dated May 10, 2000, received in this office on May 15, 2000, you requested a tariff classification ruling.

A sample of the “PhlatBall” was submitted with your inquiry. The item is made primarily of plastic and is packaged on a cardboard hanger display. In its original configuration the article is shaped like a disk. The product bears a unique construction with internal springs and a suction device that causes the flattened structure to pop-up into a ball shape. It is intended that the user will squeeze the disc flat and throw it into the air where it will open into a ball prior to being caught by the receiver. The “PhlatBall” is designed for ages 5 and up.

The applicable subheading for the “PhlatBall” will be 9503.90.0045, Harmonized Tariff Schedule of the United States (HTS), which provides for other toys: other: 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 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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