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NY I85815




September 12, 2002

CLA-2-95:RR:NC:SP:225 I85815

CATEGORY: CLASSIFICATION

TARIFF NO.: 9503.90.0080

Mr. Michael K. Tomenga
Neville Peterson LLP
1900 M Street, N.W.
Suite 850
Washington, D.C. 20036

RE: The tariff classification of three toy vehicles from China.

Dear Mr. Tomenga:

In your letter dated August 30, 2002, on behalf of your client, Creata Promotion USA, Inc., you requested a tariff classification ruling.

You submitted the following samples:

Wrin #07892-006, Yellow Dump Truck, consists of a yellow toy dump truck with its body made of metal with plastic parts and its underside and wheels also made of plastic. The dump truck measures approximately 2 inches in height x 2 inches in width x 3 inches in length, and has a hinged mounted dump attachment on back that simulates dumping. The dump truck is packaged with color coordinated decals and an advertising insert that encourages children to purchase other toys in the collection.

Wrin #07892-012, Green Front Loader Truck, consists of a green toy front loader truck with the cab portion made of metal with black plastic tinted windows and an attached black plastic front loader scoop mounted on hinges that allows the scoop to move up and down. The truck measures approximately 2 inches in height x 1-1/2 inches in width x 4 inches in length, and is packaged with color coordinated decals and an advertising insert that encourages children to purchase other toys in the collection.

Wrin #07892-018, Red Truck with a Crane, consists of a red and black toy truck with a plastic hook that measures approximately 5-1/2 inches in length and is hinged at one end to move up and down. The truck measures approximately 2 inches in height x 1-1/2 inches in width x 3 inches in length, and is packaged with color coordinated decals and an advertising insert that encourages children to purchase other toys in the collection.

The applicable subheading for Wrin #07892-006, Yellow Dump Truck, Wrin #07892-012, Green Front Loader Truck, and Wrin #07892-018, Red Truck with a Crane, 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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