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NY I89221




December 12, 2002

CLA-2-95:RR:NC:SP:225 I89221

CATEGORY: CLASSIFICATION

TARIFF NO.: 9503.90.0080

Mr. Brad Knobel
Iwatoyco
P.O. Box 851325
Yukon, OK 73085-1325

RE: The tariff classification of an “Xstream™ Future Glider” from China.

Dear Mr. Knobel:

In your letter dated December 2, 2002, you requested a tariff classification ruling.

The sample and photographs submitted, Item #IWA-800, “Xstream™ Future Glider”, depict a hand-launched toy aircraft made from a pliable plastic-like material that measures approximately 2 inches in height x 7 inches across (from wing-to-wing) x 9 inches in length and is designed to glide through air and water. To propel through the air, the item is placed in the hand and “flicked forward” as if tossing a dart. To propel through the water, the item is placed at the bottom of a bathtub or pool and released. The product’s design will then cause the item to both lift and thrust at the same time, propelling the item through the air or water. The item will be packaged on a hanging blister card.

The applicable subheading for Item #IWA-800, “Xstream™ Future Glider”, will be 9503.90.0080, 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: Other: 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 Alice Wong at 646-733-3026.

Sincerely,

Robert B. Swierupski
Director,

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