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PD G81287

September 19, 2000

CLA-2-95;CO:CH:D12 G81287

CATEGORY: CLASSIFICATION

TARIFF NO.: 9503.90.0045

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

RE: The tariff classification for five toy yo-yo’s imported from China.

Dear Mr. Tomenga:

In your letter dated August 30, 2000, you requested a tariff classification ruling in behalf of your client, Simon Marketing, Inc., of Los Angeles, California, for five yo-yo’s.

All of the yo-yo’s are approximately 2 ½” in diameter. An axle connects the disks. A double twisted textile string with a knotted loop in the end connects the axle to the users’ finger. The string is approximately 42” long. The yo-yo spins up and down when rolled from the users’ hand. The submitted samples are numbered #1 through #5. The name Yomega appears on both the immediate container and the yo-yo. The boxes for numbers one through three also state “patented X-Brain System”.

Style 1 (92547-000A ) is translucent lime in color. One side of the yo-yo is decorated with a hologram decal that depicts multi-colored dots and has purple and white inscriptions.

Style 2 (02547-000B) is translucent blue in color. One side of the yo-yo is decorated with a shimmering hologram decal representing different shades of blue and has red, blue and yellow inscriptions.

Style 3 (02547-000C) is translucent orange in color. One side of the yo-yo is decorated with a shimmering decal representing a purple and orange swirl and has yellow, white and purple inscriptions.

Style 4 (02547-003A) is black in color and is decorated with a black decal representing red and orange flames on each side. It has yellow inscriptions.

Style 5 (02547-003B) is translucent red in color. Each side of the yo-yo is decorated with a shimmering hologram decal depicting blue, green and red squares. It has red, blue and whited inscriptions.

Your samples are being returned under separate cover.

The items will be imported through the ports of Los Angeles, California; New York, New York; Newark, New Jersey; Atlanta, Georgia; Pittsburgh, Pennsylvania; Chicago, Illinois; San Francisco, California; Seattle, Washington; and other ports deemed convenient.

The applicable subheading for the five yo-yo’s will be 9503.90.0045, Harmonized Tariff Schedule of the United States (HTS), which provides for Other toys, Other, Other toys..”. The rate of duty will be free.

This ruling is being issued under the provisions of Section 177 of the Customs Regulations (19 C.F.R. 177).

A copy of this ruling letter should be attached to the entry documents filed at the time this merchandise is imported. If the documents have been filed without a copy, this ruling should be brought to the attention of the Customs officer handling the transaction.

Sincerely,

Robyn Dessaure
Port Director

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