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NY H83178




July 31, 2001

CLA-2-95:RR:NC:SP:225 H83178

CATEGORY: CLASSIFICATION

TARIFF NO.: 9503.90.0080; 9401.80.4035

Mr. Pablo Gomez
Feber International S.A.
Pol. Ind. Derramador
C/Albacete, s/n.Apdo.20
(03440) IBI (Alicante)
SPAIN

RE: The tariff classification of children’s toys and an infant swing from Spain

Dear Mr. Gomez:

In your letter dated June 13, 2001, received in this office on July 2, 2001, you had requested a tariff classification ruling.

The articles under consideration are illustrated in your 2001 catalog on file in this office. The “Feber Activity Clown”, item #001336, (page 34 of catalog), is a toy version of an outdoor recreation center for young children. The product consists of two molded plastic slides that connect to a central climbing station. The station contains two walls for climbing and features the large head of a clown wearing a hat. Upon assembly of the unit, the article resembles a standing clown. For example, the climbing walls depict the clown’s shirt and tie, his arms are the slides and his feet are portrayed by red balloon style “shoes”. The clown’s shoes conceal additional play activities in the form of a small sandbox with rake and shovel, and a watering hole for fishing, which includes a fishing rod and plastic fish. When a child climb’s up to the top of the clown, he or she can squeeze his nose to produce a sound. A taller child might reach as far as the top of the clown’s hat where they can press a flower on the hat to emit a different sound.

The “Woodhouse”, item #950177, (page 3 of catalog), is designed with a child’s tree-house concept in mind. The article is a molded plastic outdoor recreation center that combines climbing, a slide and a seated area with a tabletop, upon which a child can read, draw, etc. The tabletop reverses into a tray like component capable of holding sand for sand box style activities. The item is constructed in a manner that allows for connection to other Feber activity centers.

The “3 Position Swing”, item #980037 (picture submitted), is a plastic molded portable swing for indoor/outdoor use. The swing is composed of an infant seat that hangs from a plastic frame. The seat features a removable flat plastic tray for eating. When the tray is removed it reveals a press ‘n play keyboard with sounds underneath. A toy telephone is incorporated into one of the armrests of the seat. The opposite armrest is designed to accommodate a baby’s bottle. The swing is manually operated and is marketed for children 3 years of age and up.

The “Baby Play Activity Center”, item #990272, (picture submitted), is made up of six molded plastic walls that attach together to form an open play enclosure. Each of the walled panels contains activities such as a rotating steering wheel, auto dashboard, sliding cars, puzzles, a telephone, etc. One of the panels incorporates a hinged door that opens and closes for entry into the play area. The unit is designed for children 9 months and up.

The “Super Feber Fort”, item #950405, (page 8 of catalog), is a molded plastic toy version of an outdoor recreation center. The article is composed of a slide, ladder and structure designed to resemble a fort. The fort has an opening door, open windows, peek holes, a plastic flag and a lookout tower. When assembled, its dimensions are 1030 mm by 1020 mm by 1280 mm.

The applicable subheading for the “Feber Activity Clown”, item #001336, “Woodhouse”, item #950177, “Baby Play Activity Center”, item #990272, and “Super Feber Fort”, item #950405, 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.

The applicable subheading for the “3 Position Swing”, item #980037, will be 9401.80.4035, Harmonized Tariff Schedule of the United States (HTS), which provides for seats (other than those of heading 9402), whether or not convertible into beds, and parts thereof: other seats: of rubber or plastics: other, outdoor: other: 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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