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NY I88931





December 5, 2002

CLA-2-95:RR:NC:SP:225 I88931

CATEGORY: CLASSIFICATION

TARIFF NO.: 9503.50.0000; 9503.90.0080

Ms. Kathy O’Toole
Shelcore Toys®
347 Elizabeth Avenue
Somerset, N.J. 08873-1101

RE: The tariff classification of a LNS Spaceball and a Clutch N Go Car from China.

Dear Ms. O’Toole:

In your letter dated November 20, 2002, you requested a tariff classification ruling.

You submitted the following samples:

Item #03063, LNS Spaceball, is a battery operated musical toy that consists of a plastic sphere that measures approximately 3 inches in diameter and has four plastic “arms” attached to a circular plastic ring that measures approximately 6 inches in diameter and has four arms attached to it both above and below. All of the arms have various colored plastic cones and plastic round lights attached. When the center sphere is pressed, the plastic lights flash, the toy shakes, crazy sounds are emitted, and various songs play. The toy is designed for a child six years and older.

Item #72212, Clutch N Go Car, is a toy car whose body is made of soft molded plastic with hard plastic wheels and chassis that measures approximately 4-1/4 inches in height x 3 inches in width x 5 inches in length. The toy is designed for a child six years of age and older to derive amusement by pushing the car along the floor or a hard surface.

The applicable subheading for Item #03063, LNS Spaceball, will be 9503.50.0000, 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: Toy musical instruments and apparatus and parts and accessories thereof.” The rate of duty will be free.

The applicable subheading for Item #72212, Clutch N Go Car, will be 9503.90.0080, 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.

Your samples are being returned as requested.

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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