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NY H86429




January 4, 2002

CLA-2-95:RR:NC:SP:225 H86429

CATEGORY: CLASSIFICATION

TARIFF NO.: 9503.90.0080

Mr. Lance D. McKinley
Gateway Promotions Group, LLC
13 Webster Acres
St. Louis, MO 63119

RE: The tariff classification of a toy “Stress Ball” from China.

Dear Mr. McKinley:

In your letter dated December 13, 2001, you requested a tariff classification ruling.

The submitted sample is a white rubber ball that measures approximately 2” in diameter and is embroidered with red stitching to resemble a baseball. In your letter it is suggested that by squeezing the ball one may relieve stress. Regardless of the marketing theme for the item, the "Stress Ball" is a ball that is principally used for amusement purposes.

The applicable subheading for the “Stress 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.

Regarding your inquiry concerning sewn-in labels, they are a state requirement and not enforced by United States Customs.

For your information, the marking statute, section 304, Tariff Act of 1930, as amended (19 U.S.C. §1304), provides that, unless excepted, every article of foreign origin (or its container) imported into the U.S. shall be marked in a conspicuous place as legibly, indelibly and permanently as the nature of the article (or its container) will permit, in such a manner as to indicate to the ultimate purchaser in the United States the English name of the country of origin of the article. The purpose of this section is to prevent the possibility of misleading or deceiving the ultimate purchaser as to the actual origin of the imported goods. Please ensure that your product reflects the proper country of origin marking requirements.

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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