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NY I87389




November 19, 2002

CLA-2-95:RR:NC:SP:225 I87389

CATEGORY: CLASSIFICATION

TARIFF NO.: 9503.70.0000

Ms. Cheryl Santos
CVS Pharmacy
One CVS Drive
Woonsocket, RI 02895

RE: The tariff classification of “Bowling for Bunnies” and “Bunny Pop ‘N’ Catch” from China.

Dear Ms. Santos:

In your letter dated October 29, 2002, you requested a tariff classification ruling.

You submitted the following samples:

Item #963272, “Bowling for Bunnies”, is a toy set that contains 10 bunny shaped plastic pins that measure approximately 4-1/2 inches in height and two plastic black balls that measure approximately 2-1/2 inches in diameter. The item is designed for a child to roll the plastic balls and knock down the bunny shaped pins. The set is packaged in a clear bag with header card.

Item #200660, “Bunny Pop ‘N’ Catch”, is a toy set that contains two plastic bunnies with a plastic basket attached to each of their heads and two colored plastic eggs. The item is designed as a “game of catch” in which one child will place an egg in the basket and then squeeze the body of the bunny causing the egg to fly into the air where it will be caught in the plastic basket by another child. The set is packaged in a clear bag with header card.

In the opinion of this office, “Bowling for Bunnies” and “Bunny Pop ‘N’ Catch” do not qualify as games because, given the age level these products are designed for, they do not possess competition and simply create an amusing activity for children.

The applicable subheading for Item #963272, “Bowling for Bunnies”, and Item #200660, “Bunny Pop ‘N’ Catch”, 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.

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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