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NY I86909




October 11, 2002

CLA-2-95:RR:NC:2:224 I86909

CATEGORY: CLASSIFICATION

TARIFF NO.: 9503.49.0000; 9503.70.0000;
4202.92.4500

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

RE: The tariff classification of three toy sets, item number 930115, from China.

Dear Ms. Aldinger:

In your letter dated September 24, 2002, you requested a tariff classification ruling.

You are requesting the tariff classification on an item that is designated as item number 930115. The item is available in three variations: a mini tool set, a mini fishing game (fish and a fishing rod) and a mini dog collection. Each of the three variations of the item is contained in a mini plastic pouch that can be clipped onto a belt or backpack. The composition of this item is 90% plastic and 10 % PVC pouch. The intended use of this item is as a toy that can be used for travel. The belt pouch designed to contain personal effects during travel will be separately classified in Chapter 42 of the HTS. The toys will be classified in Chapter 95 of the HTS as toy sets (the tool sets), and as other toys and accessories representing animals (the fish and the dogs), respectively.

The applicable subheading for the mini fishing game and mini dog collection will be 9503.49.0000, Harmonized Tariff Schedule of the United States (HTS), which provides for toys representing animals or non-human creaturesand parts and accessories thereof: other. The rate of duty will be free.

The applicable subheading for the mini tool set will be 9503.70.0000, Harmonized Tariff Schedule of the United States (HTS), which provides for other toys, put up in sets or outfits, and parts and accessories thereof. The rate of duty will be free.

The applicable subheading for the plastic belt pouch will be 4202.92.4500, Harmonized Tariff Schedule of the United States (HTS), which provides for other: with outer surface of sheeting of plastic or of textile materials; travel, sports and bags: other. The rate of duty will be 20 % ad valorem.

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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