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NY I86659




September 27, 2002

CLA-2-95:RR:NC:2:224 I86659

CATEGORY: CLASSIFICATION

TARIFF NO.: 9503.49.0000

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

RE: The tariff classification of toy dancing rabbits 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 article that is described as “Mini Dancing Easter Animals, Toy”, item number 930650. The product is an assortment of three battery-operated rabbits dressed in costume as a frog, a lamb or a chick. Each rabbit has an activation/deactivation switch on its left foot. When the switch is depressed the song “Easter Time” plays and the head and the arms of the toy move to the music. The composition of the item is as follows: 38 % electronics, 31 % plush material, 19 % PVC, 9 % batteries and 3 % other fabric. The article will be classified in Chapter 95 of the HTSUSA as other toys representing animals because of the overall whimsical appearance of the rabbits and their animated movements.

The applicable subheading for the “Mini Dancing Easter Animals, Toy”, item number 930650, 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 or 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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