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NY F89047




July 31, 2000

CLA-2-85:RR:NC:1:112 F89047

CATEGORY: CLASSIFICATION

TARIFF NO.: 8543.89.9695

Ms. Tiffany Fruchey
Young’s Incorporated
P.O. box 145
5073 Ann Arbor Road
Dundee, MI 48131

RE: The tariff classification of a singing lobster from China

Dear Ms. Fruchey:

In your letter, which was undated, you requested a tariff classification ruling.

As indicated by the submitted sample, the item, identified as “Big Mouth Larry the Lobster”, is a battery operated rubber representation of a lobster mounted on a plastic base. The base contains both a motion sensor and a button that enable it to operate in two different modes. When activated, the lobster moves back and forth and “sings” two different songs.

The applicable subheading for “Big Mouth Larry the Lobster” will be 8543.89.9695, Harmonized Tariff Schedule of the United States (HTS), which provides for other electrical machines or apparatus, , not specified or included elsewhere in Chapter 85, HTS. The rate of duty will be 2.6 percent ad valorem.

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 David Curran at 212-637-7049.

Sincerely,

Robert B. Swierupski
Director,

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