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NY H88854




March 15, 2002

CLA-2-95:RR:NC:SP:225 H88854

CATEGORY: CLASSIFICATION

TARIFF NO.: 9503.80.0000

Ms. Linda D. Santos
Hasbro, Inc.
1027 Newport Ave.
P.O. Box 1059
Pawtucket, RI 02862-1059

RE: The tariff classification of a Nerf® Mike Piazza Power Hitter™ from China.

Dear Ms. Santos:

In your letter dated March 11, 2002, you requested a tariff classification ruling.

The submitted sample, Item #31800, Nerf® Mike Piazza Power Hitter,™ is a battery operated (batteries not included) automatic pitching machine toy that is made essentially of hard plastic and measures approximately 24 x 24 x 9 inches in size. It is described as capable of automatically throwing a baseball-size Nerf® ball (six included) every ten seconds after receiving a remote "pitch" command from the user via a foot pedal connected by wire to the speed controls. The balls can be pitched to a distance of 16 feet, the ball's movement can be set to various speeds, and the angle of pitch can be adjustable. Given the fact that the machine does not pitch a regulation baseball or softball and the lack of accuracy of the pitch range, the machine is viewed as having limited training potential for improving a competitor’s skill level and is designed as a toy for children six years and older. Your sample is being returned as requested.

The applicable subheading for Item #31800, Nerf® Mike Piazza Power Hitter,™ will be 9503.80.0000, Harmonized Tariff Schedule of the United States (HTS), which provides for other toys and models, incorporating a motor and parts and accessories thereof. 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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