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NY I84812




August 6, 2002

CLA-2-95:RR:NC:SP:225 I84812

CATEGORY: CLASSIFICATION

TARIFF NO.: 9503.49.0000; 9503.80.0000; 9503.90.0080

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

RE: The tariff classification of Aqua Gliders, Diving Gators, a Light ‘N Sound Bear-in-a-Box, a Turbo Racer, Diving Twisters, Jumbo Diving Sticks, a Light ‘N Sound Pull ‘N Glow Bug, a Wacky Sounds Phone, and a Light ‘N Sound Train from China.

Dear Ms. O’Toole:

In your letter dated July 17, 2002, you requested a tariff classification ruling.

You submitted the following photographs and samples:

Item #02877, Aqua Gliders (“Flying Fish”), consists of a small foam fish-like toy creature attached to a boomerang-shaped plastic “wing” that measures approximately 1/16 inch in height x 1-1/2 inches in width x 11 inches in length, and is intended for use in a swimming pool. A swimmer dives under the water, releases the Aqua Glider, and swims after it as it floats to the surface. The item will be imported in assorted colors.

Item #02878, Diving Gators, consists of an orange skeletal bodied plastic toy alligator with a solid green head that measures approximately 1-1/4 inches in height x 1-1/4 inches in width x 8 inches in length, and is intended for use in a swimming pool. The alligator’s head is weighted so that, when thrown into the water, the alligator will sink to the bottom and “stand” on its head for retrieval by the swimmer. The item will be imported in assorted colors.

Item #82126, Light ‘N Sound Bear-in-a-Box, is a plastic toy box with a lid that contains a (non-stuffed) 3-1/2 inch toy bear hidden inside. Cranking a handle on the side of the box activates the toy. The song “Pop Goes the Weasel” plays as lights blink, the bear pops out of the box, and a wacky voice is heard. The sequence can be repeated by pressing the bear back inside the box, closing the lid, and turning the handle. The toy is powered by 3 “AA” batteries, which are included.

Item #82125, Turbo Racer, consists of a plastic simulated toy racing car that is activated by pressing down on the driver’s head causing pre-programmed ignition and revving sounds, blinking headlights, tires screeching, the exhaust pipes to move up and down, and the car to travel a short distance forward while the driver shakes from side to side. After the car stops, more revving and tire screeching sounds ensue. After 30 seconds of non-play, the revving sounds will temporarily restart as an invitation to resume playing. The car is powered by three “AA” batteries, which are included.

Item #02687, Diving Twisters, consists of a green plastic shoehorn sized toy with a “twisted” shape designed for use in a swimming pool. One end of the item is coated with red colored PVC and weighted so that, when thrown into the water, the item will spin as it sinks to the bottom of the pool for retrieval by the swimmer. The item will be imported in assorted colors.

Item #02873, Jumbo Diving Sticks, consists of a yellow plastic spiral toy with a green weighted ball at one end that is intended for use in a swimming pool. When thrown into water, the item will sink to the bottom and “stand” up on the weighted end for retrieval by the swimmer. The item will be imported in assorted colors.

Item #82124, Light ‘N Sound Pull ‘N Glow Bug, consists of a plastic toy caterpillar-bug that has wheels for legs and feet and two spheres on its back filled with rattles. The item has a pull cord in front that, when tugged, activates the toy and causes lights to flash inside the spheres as they turn, while playing music and bug “chatter.” There are 6 songs and 15 bug sounds in total. After 30 seconds of non-play, lights flash and sounds invite further play. The item is powered by 3 “AA” batteries, which are included.

Item #03058, Wacky Sounds Phone, is a plastic toy cell phone that is activated by pressing a button embossed with a bell, which sets off a sequence of rings, wacky sounds songs, flashing lights, music, and causes the phone to vibrate. Additional buttons on the phone activate other light/sound/music sequences. The phone is powered by 3 “AA” batteries, which are included.

Item #03057, Light ‘N Sound Train, is a plastic toy train that is activated by turning a wheel, which sets off various sounds, songs and flashing lights. There are 4 different train sounds and 12 songs in total. The train has a strap on the back for attachment to a crib or stroller and is powered by 2 “AA” batteries, which are included.

The applicable subheading for Item #02877, Aqua Gliders, Item #02878, Diving Gators, and Item #82124, Light ‘N Sound Pull ‘N Glow Bug, will be 9503.49.0000, Harmonized Tariff Schedule of the United States (HTS), which provides for “Toys 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 Item #82125, Turbo Racer 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.

The applicable subheading for Item #02687, Diving Twisters, Item #02873, Jumbo Diving Sticks, Item #82126, Light ‘N Sound Bear-in-a-Box, Item #03058, Wacky Sounds Phone, and Item #03057, Light ‘N Sound Train 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.

Please limit future requests to a maximum of five items per binding ruling letter request. Your samples are being returned as requested.

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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