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NY H88914




March 5, 2002

CLA-2-95:RR:NC:SP:225 H88914

CATEGORY: CLASSIFICATION

TARIFF NO.: 9503.70.0000

Ms. Kathy O’Toole
Shelcore Toys
347 Elizabeth Avenue
Somerset, N.J. 08873-1101

RE: The tariff classification of a Shakin’ Rescue Station from China.

Dear Ms. O’Toole:

In your letter dated February 12, 2002, you requested a tariff classification ruling.

The submitted sample, Item #82120, Shakin’ Rescue Station, is a playset designed for children eighteen months and older and consists of a rescue truck, helicopter, and a ten piece playstation. The rescue truck is a battery operated (batteries included) plastic representation of a red rescue truck with crosses on its front and dials and fire extinguishers on its side. The truck measures approximately 7-1/4” in height x 4” in width x 11” in length and has a driver wearing a helmet with a cross. The rescue truck also has a siren, a yellow colored searchlight mounted on top and a cargo bed. The helicopter measures approximately 4-1/2” in height x 3” in width x 6” in length, and has a pilot wearing a helmet with a cross. The helicopter can be placed in the rescue truck’s cargo bed, or removed and played with separately. The blades freely spin when manipulated. When placed in the rescue truck’s cargo bed, the helicopter will emit sounds and its blades whirl. Your letter indicates that in operation, the child will press down on the head of the rescue truck driver to “activate” the rescue truck. When activated, the searchlight will flash, followed by ignition sounds and an idling engine. The siren will then sound and the truck will shake, pause for three seconds, and then move forward. When the vehicle stops (approximately five feet), the truck will shake, airbrakes will sound, and the engine will idle. After the toy has stopped for thirty seconds, the siren sound resumes to encourage the child to play some more. A plastic playstation is included for additional play. Your sample is being returned as requested.

The applicable subheading for Item #82120, Shakin’ Rescue Station, will be 9503.70.0000, Harmonized Tariff Schedule of the United States (HTS), which provides for other toys, put up in sets or outfits, 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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