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NY H82365





July 9, 2001

CLA-2-95:RR:NC:SP:225 H82365

CATEGORY: CLASSIFICATION

TARIFF NO.: 9503.90.0080

Ms. Donna M. Dion
CVS Pharmacy
One CVS Drive
Woonsocket, RI 02895

RE: The tariff classification of a toy from China

Dear Ms. Dion:

In your letter dated June 1, 2001, received in this office on June 13, 2001, you requested a tariff classification ruling.

The submitted article is a plastic representation of a two dimensional skeleton. The skeleton’s body is relatively flat with his arms raised up in a fixed position over his head. The skeleton’s head is three dimensional and hollow. It sits on an axle at the neck and rocks from side to side when shaken. As the head rocks, it hits the skeleton’s arms, causing a clanking sound. Regrettably, your sample was accidentally broken during examination. Nevertheless, it will still be returned as requested.

The applicable subheading for the skeleton noisemaker, item number 145785, will be 9503.90.0080, Harmonized Tariff Schedule of the United States (HTS), which provides for other toys; reduced-size (“scale”) models and similar recreational models, working or not; puzzles of all kinds; parts and accessories thereof: other. 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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