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NY I85419




August 26, 2002

CLA-2-95:RR:NC:SP:225 I85419

CATEGORY: CLASSIFICATION

TARIFF NO.: 9503.90.0080

Ms. Jenette Stuart
Kuehne & Nagel, Inc.
150 West Hill Place
Brisbane, CA 94005-1216

RE: The tariff classification of a Spy Code Launcher from China.

Dear Ms. Stuart:

In your letter dated August 8, 2002, on behalf of Wild Planet Toys Inc., you requested a tariff classification ruling.

The submitted sample, Item #70046, Spy Code Launcher, consists of a plastic hand-held projectile toy that contains a launcher with 3 discs, a pen with edible ink, and edible paper to send airborne edible messages between friends. Messages are written on the edible paper, placed on the discs, and “shot” across a room, where a friend will read the secret messages and then eat them before others can read them. Advertising indicates that the messages can be launched up to 20 feet. The item is designed for the use of children aged 6 years of age and older.

The applicable subheading for Item #70046, Spy Code Launcher, 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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