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NY J80878




March 7, 2003

CLA-2-95:RR:NC:SP:225 J80878

CATEGORY: CLASSIFICATION

TARIFF NO.: 9503.90.0080

Mr. R. Trace Garrett
Associated Merchandising Corporation
5000 Seventh Ave.
New York, NY 10018

RE: The tariff classification of Toy Water Guns from China

Dear Mr. Garrett:

In your letter dated February 19, 2003 you requested a tariff classification ruling.

The items are all plastic water guns, two to a blister card – one gun style on miniature garden tool. Style 100 is a dark green handgun shaped waterpistol with chartreuse trigger, valve and nozzle and a multicolored plastic water gun that looks like a miniature garden cultivator. Style 200 is a dark blue handgun shaped waterpistol with chartreuse trigger, valve and nozzle with a multicolored plastic water gun that looks like a miniature garden spade. Style 300 is a dark purple handgun shaped waterpistol with chartreuse trigger, valve and nozzle with a multicolored plastic water gun that looks like a miniature garden shovel.

The applicable subheading for the all the styles 100, 200 and 300 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.

If you have questions concerning the proper marking of your imitation firearm according to Public Law 100-615, you may contact the Department of Commerce official listed below.

Mark S. Madsen, Attorney
Department of Commerce
Office of the Deputy Chief Counsel
National Institute of Standards and Technology 00 Bureau Drive, Stop 3460
Gaithersburg, MD 20899-3460
(310) 975-2137
Mark.Madsen@nist.gov

Your samples are 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 J. Wong at 646-733-3026.

Sincerely,

Robert B. Swierupski
Director,

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