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NY G84113




December 12, 2000

CLA-2-95:RR:NC:SP:225 G84113

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 plastic toys from China

Dear Mr. Tomenga:

In your letter dated November 10, 2000, received in this office on November 14, 2000, you requested a tariff classification ruling on behalf of your client Simon Marketing, Inc.

Three samples were submitted with your inquiry. The items are plastic toy train cars that feature a dalmatian figure attached. The styles include an “Orange and Purple Freight Train Car with a Dalmatian, Wrin No. 02520-024F, a “Dog on a Brown Log Train Car,” Wrin No. 02520-024D and a “Dog on a Purple Train Car with a Blue Board,” Wrin 02520-024E. The train cars with figures measure 4” in height by 3” in length by 1 ½” in width, or less. The cars have a single rolling wheel underneath their base. Your samples are being returned as requested.

The applicable subheading for the described Dalmatian toys 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 and will remain unchanged in 2001.

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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