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NY I86656




September 26, 2002

CLA-2-95:RR:NC:2:224 I86656

CATEGORY: CLASSIFICATION

TARIFF NO.: 9503.49.0000

Lorianne Aldinger
Rite Aid Corporation
P.O. Box 3165
Harrisburg, PA 17105

RE: The tariff classification of “Beanbag Pals Surprise”, item # 998684, from China.

Dear Ms. Aldinger:

In your letter dated September 16, 2002, you requested a tariff classification ruling.

You are requesting the tariff classification on an item that is described as “Beanbag Pals Surprise 3.5” and designated as item number 998684. The product is an assortment of beanbag animals (a bean filled chick, duck or rabbit) packed inside various colored plastic eggs. The composition is 50 % beanbag stuffing, 35 % nylon material and 15 % plastic. The intended use of the article is as a toy and as such will be classified in Chapter 95 of the HTSUSA, toys representing animals. The plastic egg will be considered packing for the purposes of the tariff. You have not requested the return of your sample.

The applicable subheading for the “Beanbag Pals Surprise”, item # 998684, 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.

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 Tom McKenna at 646-733-3025.

Sincerely,

Robert B. Swierupski
Director,

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