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NY G84306




December 7, 2000

CLA-2-95:RR:NC:SP:225 G84306

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 you requested a tariff classification ruling on behalf of your client Simon Marketing, Inc.

Five samples were submitted with your inquiry. The items are plastic depictions of assorted toy buildings with a partial Dalmatian figure hidden inside. The buildings portrayed include a gas station, bakery, theater, fast food restaurant and firehouse. Each toy measures approximately 3” in height by 2 1/2” in width by 2 1/4” in depth, or less. The Dalmatian figures are permanently fixed inside the buildings but may be partially exposed by pushing the figures from a rear opening through the front entrance.

The styles include a “Dog in Gray Gas Station” - Wrin No. 02520-000K, “Dog in a Pink and Purple Bakery” – Wrin No. 02520-000E, “Dog in a Purple Theater” – Wrin No. 02520-000N, “Dog in a Fast Food Restaurant” – Wrin No. 02520-000L, “Dog in a Red Firehouse” – Wrin No. 02520-000M. 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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