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NY H87575




January 28, 2002

CLA-2-95:RR:NC:2:224 H87575

CATEGORY: CLASSIFICATION

TARIFF NO.: 9503.49.0000

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

RE: The tariff classification of Hydro Gliders, item number 6101 from China.

Dear Ms. Stuart:

In your letter dated January 15, 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 a Hydro Glider, item number 6101. The product is a plastic representation of a leopard shark, and the toy is not battery operated but it uses hydro power to move through the water. The toy may be used in a pool, a lake or the ocean. The toy is properly classified in Chapter 95 of the HTS as a toy representing an animal. You have not requested the return of your sample.

The applicable subheading for the Hydro Gliders, item number 6101, will be 9503.49.0000, Harmonized Tariff Schedule of the United States (HTS), which provides for “Toys representing animals or non-human creatures (for example, robots and monsters) and 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 Tom McKenna at 646-733-3025.

Sincerely,

Robert B. Swierupski
Director,

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