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NY H82078




July 2, 2001

CLA-2-95:RR:NC:SP:225 H82078

CATEGORY: CLASSIFICATION

TARIFF NO.: 9503.70.0000

Ms. Lorianne Aldinger
Rite Aid Corporation
P.O. Box 3165
Harrisburg, PA 17105

RE: The tariff classification of a toy set from China

Dear Ms. Aldinger:

In your letter dated May 24, 2001, received in this office on June 5, 2001, you requested a tariff classification ruling.

A sample of the "Playball Tent w/50 Balls”, item #996154, was submitted for review. The article consists of a plastic inflatable base, a mesh screen enclosure, four plastic sectional support poles, and 50 hollow plastic balls. The balls are multi colored with a diameter of approximately 2 ¼” inches. The mesh screen is made of 100% nylon netting with loose panels in the front that fold back for entry into the unit. The plastic base resembles a wading pool in appearance. It has a flat bottom surface and inflates on four sides. Support poles are inserted through the mesh screen to form a dome like structure over the unit. The support poles are made of plastic and collapse into three separate pieces. Upon assembly, the product measures 42" (L) by 42” (W) by 42” (H). The item is intended for indoor/outdoor use by young children ages 3 and up.

The product is put up in a manner clearly indicating its use as a toy for children's amusement.

The applicable subheading for the "Playball Tent w/50 Balls”, item #996154, 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.

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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