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NY H87574




January 28, 2002

CLA-2-95:RR:NC:2:224 H87574

CATEGORY: CLASSIFICATION

TARIFF NO.: 9506.29.0040

Jenette Stuart
Kuehne & Nagel
150 West Hill Place
Brisbane, CA 94005-1216

RE: The tariff classification of an Aqua Light Mask, item 9786 from China.

Dear Ms. Stuart:

In your letter dated January 24, 2002, you requested a tariff classification ruling, on behalf of Wild Planet Toys, Inc., your client.

You are requesting the tariff classification on an item that is described as an Aqua Light Mask, item 9786. The product is a swim mask with headlights for underwater diving at night. The mask is designed for children age six and older for underwater diving games, as well as for nighttime swims. The headlights require batteries to operate. Although, the mask is designed for children, it is not considered a toy, but rather the mask is properly classifiable in Chapter 95 as other water-sport equipment. You have not requested that your sample be returned.

The applicable subheading for the Aqua Light Mask, item 9786, will be 9506.29.0040, Harmonized Tariff Schedule of the United States (HTS), which provides for “Water skis, surf boards, sailboards and other water-sport equipment; parts and accessories thereof: OtherOther.” 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 Tom McKenna at 646-733-3025.

Sincerely,

Robert B. Swierupski
Director,

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