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NY G80769




September 20, 2000

CLA-2-95:LA:S:T:1:3:D14 G80769

CATEGORY: CLASSIFICATION

TARIFF NO.: 9503.90.0045

Mr. Michael K. Tomenga
Neville, Peterson & Williams
1233 20th Street, N.W., Suite 500
Washington, D.C. 20036

RE: The tariff classification of a freewheeling toy car from China

Dear Mr. Tomenga:

In your letter dated August 17, 2000 you requested a tariff classification ruling, on behalf of your client Simon Marketing, Inc. A representative sample of the subject article was submitted with your inquiry. Such sample is being returned, per your request.

The submitted sample is a freewheeling toy vehicle constructed of metal and molded plastic. It depicts a vintage stationwagon resembling automobiles from the 1930’s. The body of the vehicle is predominately red in color and is made of metal. Its grill and front fenders are painted white. A yellow border separates the red from the white. Yellow arches are painted on the roof and above the rear wheels of the vehicle. The wheels and the windows are molded in black plastic and the chassis is molded in light gray plastic. The wheels are connected on a wire axle. The front wheels, with star-shaped silver hubcaps, are smaller in diameter, and width, in comparison to the rear wheels.

The applicable subheading for this toy vehicle 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.

Sincerely,

Lawrence J. Rosenzweig
Acting Port Director

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