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NY I83990




July 22, 2002

CLA-2-95:RR:NC:SP:225 I83990

CATEGORY: CLASSIFICATION

TARIFF NO.: 9503.90.0080

Ms. Kim Young
BDP International, Inc.
2721 Walker Avenue, N.W.
Grand Rapids, MI 49504

RE: The tariff classification of a NRG Paintball Set and a Paintball Refill from China.

Dear Ms. Young:

In your letter dated July 2, 2002, on behalf of your client, Meijer Distribution, you requested a tariff classification ruling.

You submitted the following samples:

Item #856000, NRG Paintball™ Set, is a toy set that consists of a NRG Paintball Blaster (gun), 2 bottles of NRG Paintball™ color, 1 pair of goggles, and 1 belt clip. Although called Paintball, this item does not function as the usual Paintball gun. It does not use pre-loaded paintballs but rather functions as a water gun with the color poured into a reservoir. After priming the blaster by pumping, the color is dispersed by pulling the trigger. The item is designed for the amusement of children aged eight years and older.

Item #855998, Paintball Refill, is a refill pack of three bottles of Paintball color (yellow, green, and blue) intended for use with NRG Paintball™ systems and designed for the amusement of children aged years and older. The item is blister packaged on a cardboard backing and placed inside an open window display box for retail sale.

The applicable subheading for Item #856000, NRG Paintball™ Set, and Item #855998, Paintball Refill, will be 9503.90.0080, Harmonized Tariff Schedule of the United States (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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