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NY I85759




August 29, 2002

CLA-2-95:RR:NC:SP:225 I85759

CATEGORY: CLASSIFICATION

TARIFF NO.: 9503.90.0080

Ms. Saralee Antrim-Saizan
Carmichael International Service
533 Glendale Boulevard
Los Angeles, California 90026-5097

RE: The tariff classification of a “We’re #1” Premium Finger from China.

Dear Ms. Antrim-Saizan:

In your letter dated August 7, 2002, on behalf of your client, Jensen Technology Development, Inc., you requested a tariff classification ruling.

The sample submitted, “We’re #1” Premium Finger, consists of a battery operated blue and red plastic toy in the shape of a hand with an extended index finger pointing up that measures approximately 4 inches in height x ¾ inch in thickness x 2-1/2 inches across. The hand has three buttons: one button plays sports theme organ music, crowd cheers and chants; one button produces a short distance illumination light (located at tip of the extended finger); and one button activates voices screaming “Yer Out!” This button is intended to turn every fan into an umpire and provide amusement at a baseball park. The article has a sticker on the front that features the outline of a baseball player swinging a bat and the words “play ball!” A metal ring is attached, but the article is designed to stand up on end on a desk or table.

The applicable subheading for the “We’re #1” Premium Finger 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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