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NY H85736




December 12, 2001

CLA-2-95:RR:NC:SP:225 H85736

CATEGORY: CLASSIFICATION

TARIFF NO.: 9503.90.0080

Ms. Rebecca Offield
Nissin Customs Service, Inc.
1540 W. 190th St.
Torrance, CA 90501

RE: The tariff classification of a “76 Talking Ball” from China.

Dear Ms. Offield:

In your letter dated September 1, 2001, on behalf of Hiraoka, Los Angeles, Inc., you requested a tariff classification ruling.

The sample that you submit, “76 Talking Ball”, consists of an orange plastic ball with the number 76 that measures approximately 1-3/4” in diameter and contains a battery powered voice message (battery not included) that is activated when a button is pressed on top of the ball. According to your literature, the message will either be “76 the official fuel of NASCAR” or “Time to fill up with 76.” The ball has a hole for insertion on a 4-1/2” plastic stand that will then be placed on an illustrated cardboard counter display for sale. You also state that the ball can be used on a car antenna, pencil, or as a talking toy. Your letter indicates that the article will be distributed by, or on behalf of, “76” for promotional purposes. Therefore, this office will assume that the appropriate licenses have been secured for use of the “76” trademark.

The applicable subheading for the “76 Talking Ball” 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: parts and accessories. The rate of duty will be free. The rate of duty will remain unchanged in the year 2002.

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 Wong at 646-733-3026.

Sincerely,

Robert B. Swierupski
Director,

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