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NY H88283




March 1, 2002

CLA-2-95:RR:NC:SP:225 H88283

CATEGORY: CLASSIFICATION

TARIFF NO.: 9503.49.0000; 9503.90.0080

Mr. Michael K. Tomenga
Neville Peterson LLP
1900 M Street, N.W.
Suite 850
Washington, D.C. 20036

RE: The tariff classification of four Battlebots® (toy robots with self-propelling wheels) from China.

Dear Mr. Tomenga:

In your letter dated February 21, 2002, on behalf of Creata Promotion USA, Inc. of Oakbrook Terrace, Illinois, you requested a tariff classification ruling.

Wrin #07544-003, Gray Robot With A Ladybug Shell, consists of a plastic toy robot with a red round shell, which resembles a ladybug, connected by hinges to a gray “T-shaped” platform with two wheels underneath. The two wheels are connected to a wind-up mechanism. When a child holds the toy down on a hard, flat surface and pulls the toy back and releases it, the toy rolls forward and the ladybug shell moves up and down. The item measures approximately 1-1/4” in height and 2-1/8” in diameter.

Wrin #07544-000, Blue And Gray Robot With A Chopper, consists of a plastic toy robot with a blue slope-like platform with two large black wheels with gray hubcaps, one on each side, and a gray “chopper” (blade-like attachment in the front). The chopper has two round openings and a pattern of circles on its surface. The wheels and the blade are connected to a wind-up mechanism inside the slope-like platform. When a child holds the toy down on a hard, flat surface and pulls the toy back and releases it, the toy rolls forward and the chopper moves up and down. The item measures approximately 1-3/4” in height x 2-1/2”at its widest width x 5-1/8” in length.

Wrin #07544-015, Light Purple Robot With A Slope, consists of a light purple toy plastic robot that resembles a rectangular block with a slope in the front and a small silver wheel at the bottom of the slope. The robot has two large black wheels with silver hubcaps, one on each side, connected to a wind-up mechanism inside the toy. When a child holds the toy down on a hard, flat surface and pulls the toy back and releases it, the toy rolls forward on all three wheels. The item measures approximately 1-1/2” in height x 2-1/2” in width x 3” in length.

Wrin #07544-018, Golden Brown Hamburger Robot, consists of a toy robot constructed of three golden brown pieces that represent a sliced bun and two brown pieces that represent hamburger patties connected together to resemble a double hamburger. Attached to the bottom of the toy are three black wheels. The two larger wheels are connected to a wind-up mechanism inside the toy. When a child holds the toy down on a hard, flat surface and pulls the toy back and releases it, the toy rolls forward on all three wheels while the two hamburger pieces rotate in a circular motion. The item measures approximately 2-1/2” in height and 2-1/4” in diameter.

The applicable subheading for Wrin #07544-003, Gray Robot With A Ladybug Shell, will be 9503.49.0000, Harmonized Tariff Schedule of the United States (HTS), which provides for other toystoys representing animals or non-human creatures (for example, robots and monsters) and parts and accessories thereof: other. The rate of duty will be free.

The applicable subheading for Wrin #07544-000, Blue And Gray Robot With A Chopper, Wrin #07544-015, Light Purple Robot With A Slope, and Wrin #07544-018, Golden Brown Hamburger Robot, will be 9503.90.0080, 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: 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 Wong at 646-733-3026.

Sincerely,

Robert B. Swierupski
Director,

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