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NY G84309




November 22, 2000

CLA-2-95:L:OFO:D22 G84309

CATEGORY: CLASSIFICATION

TARIFF NO.: 9503.70.0000

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

RE: The tariff classification of launching toy sets 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.

Three plastic toy sets were submitted with your inquiry. Each set consists of a two-piece launching mechanism. All toys are constructed of molded plastic and are brightly colored. You state each set will be packaged and distributed as a separate item.

“Black Panther in Pursuit of a Lama” (U.S. Wrin No. 02609-006A) depicts a black panther 3 inches long and a lama 2 inches tall, each on individual platforms measuring 3” x 1 ½ “ and 2” x 1 ½”, respectively. The two platforms function together as launching mechanisms. The front of the green platform has a small opening with a spring mechanism installed inside. The back end of the ivory platform has a fastening latch, which fits into the small opening on the front of the green platform. The fastening latch applies pressure to the spring mechanism when inserted inside the opening. The launching mechanism releases the ivory platform with the lama when the panther’s tail is depressed. The ivory platform has a small roller at the base to facilitate the release.

“Man in White Body Builder Suit on Blue Vehicle” (U.S. Wrin No. 02609-009B) depicts a man waist up in a round blue vehicle towing a purple platform. The figure has a muscular physique and wears a white body builder suit. The male character measures approximately 1 ½ inches tall. The character has long black hair and wears a white cap and purple sunglasses. The figure is permanently attached waist up to a round blue vehicle with human-like facial features 2
depicted in the front. The rear end of the vehicle has a fastening latch, which fits into the small opening on the front of the platform. The rear of the platform is shaped like the front of a car, with additional features including two blue wings, a big grin, and swirl-like eyes. Inside the platform is a concealed spring mechanism. The fastening latch applies pressure to the spring mechanism when inserted inside the opening. The launching mechanism releases the male character in the vehicle when the blue wings on the purple platform are depressed. The blue vehicle has a small roller at the base to facilitate the release.

“Man in Green Shirt Pulling a Tan Cart” (U.S. Wrin No. 02609-012C) depicts a large peasant man 3 inches tall pulling a tan cart loaded with a pink sack. The man wears a loose green shirt, a brown skirt, sandals and a cape over his long black hair. The cart has a fastening latch, which fits into the small opening on the character’s leg. Inside the figure’s leg is a concealed spring mechanism. The fastening latch applies pressure to the spring mechanism when inserted inside the opening. A latchkey located on the back of the man’s skirt can be depressed to release the cart. The cart has a small roller at the base to facilitate the release.

The applicable subheading for the toy launching sets will be 9503.70.0000, Harmonized Tariff Schedule of the United States (HTS), which provides for other toys, put up in sets or outfits and parts and accessories thereof. The rate of duty will be free.

If you have any questions regarding the ruling, contact Field National Import Specialist Dennis Tijerina at (956) 794-9501 or National Import Specialist Alice Wong at (212) 637-7028.

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,

Eugenio Garza Jr.
Port Director
Laredo

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