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NY I82594




June 21, 2002

CLA-2-85:RR:NC:1:112 I82594

CATEGORY: CLASSIFICATION

TARIFF NO.: 8543.89.9695

Ms. Lorianne Aldinger
RITE AID Corporation
P.O. Box 3165
Harrisburg, PA 17105

RE: The tariff classification of a “Dolphin in Rocker Wave Motion Machine” from China

Dear Ms. Aldinger:

In your letter dated May 23, 2002 you requested a tariff classification ruling.

As indicated by the submitted sample, the “Dolphin in Rocker Wave Motion Machine”, identified as item #929121, consists of a clear plastic tube containing blue liquid and a small representation of a dolphin, mounted on a motorized base. In operation, the tube rocks slowly from side to side and creates the effect of waves, which cause the dolphin figure to move within the tube.

The applicable subheading for the “Dolphin in Rocker Wave Motion Machine”, item #929121, will be 8543.89.9695, Harmonized Tariff Schedule of the United States (HTS), which provides for other electrical machines and apparatus, , not specified or included elsewhere in Chapter 85, HTS. The rate of duty will be 2.6 percent ad valorem.

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 David Curran at 646-733-3017.

Sincerely,

Robert B. Swierupski
Director,

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