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NY J80474




February 5, 2003

CLA-2-95:RR:NC:2:224 J80474

CATEGORY: CLASSIFICATION

TARIFF NO.: 9503.49.0000

Michael K. Tomenga
Neville Peterson LLP
1900 M Street, N. W.
Suite 850
Washington, D.C. 20036

RE: The tariff classification of three Aquatic Creature Squirt Toys from China.

Dear Mr. Tomenga:

In your letter dated January 27, 2003, you requested a tariff classification ruling, on behalf of Creata Promotion USA, Inc., your client.

You are requesting the tariff classification on three Aquatic Creature Squirt Toys that represent different sea creatures. When each one of the three toys is submerged in water and filled, it will squirt water when a specific part of the toy is pressed. In addition, both the blowfish and octopus toys also have a red light that is activated when the toys are submerged in water. The toys are described as follows: Orange Squirt Fish with Black and White Stripes (U.S. Wrin No. 08215-096), Pink Squirt Octopus with Red light (U.S. Wrin No. 08215-016) and Yellow Squirt Blowfish with Red Light (U.S. Wrin No. 08215-004). The three toys will be classified in Chapter 95 of the HTS as other toys representing animals or non-human creatures. The samples will be returned, as requested by your office.

The applicable subheading for the three Aquatic Creature Squirt Toys (U.S. Wrin Numbers: 08215-096, 08215-016 and 08215-004) 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.

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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