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NY I89928




January 30, 2003

CLA-2-95:RR:NC:SP:225 I89928

CATEGORY: CLASSIFICATION

TARIFF NO.: 9503.50.0000

Ms. Kim Young
BDP International, Inc.
2721 Walker Avenue, N.W.
Grand Rapids, MI 49504

RE: The tariff classification of a “Barney™ Flash ‘N Sounds Funlight” from China.

Dear Ms. Young:

In your letter dated January 24, 2003, on behalf of your client, Meijer Distribution, you requested a tariff classification ruling.

The sample submitted, Item #960621, “Barney™ Flash ‘N Sounds Funlight”, consists of a battery operated plastic musical toy in the shape of a spaceship with Barney™ as the pilot. The spaceship measures approximately 3 inches in height x 2-1/2 inches in width x 4 inches in length with a button on the handle that emits a beam of light through a circular lens (headlight) on the front of the spaceship. The beam of light is of limited duration, lasting five seconds maximum. The spaceship has two buttons on its side which, when pressed, plays three tunes or space sounds. Pressing down on the head of Barney™ results in him counting down “3, 2, 1, blast off!” and uttering other phrases. The item is a musical toy designed to provide frivolous amusement for a child.

Your sample is being returned as requested.

The applicable subheading for Item #960621, “Barney™ Flash ‘N Sounds Funlight”, 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.

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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