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NY J81409




February 27, 2003

CLA-2-95:RR:NC:2:224 J81409

CATEGORY: CLASSIFICATION

TARIFF NO.: 9503.49.0000

Ms. Cheryl Santos
CVS/Pharmacy
One CVS Drive
Woonsocket, RI 02895

RE: The tariff classification of a “Dancing Hamster” from China.

Dear Ms. Santos:

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

You are requesting the tariff classification on a product that has been described as a “Dancing Hamster”; the product designation is CVS item number 205251. The item is a comical representation of a hamster wearing a graduation gown and a mortarboard hat. In addition, the hamster is holding a diploma. When the left foot is pressed the hamster dances to the song “Shout”. The item is battery-operated. The correct classification for the “Dancing Hamster” will be in Chapter 95 of the HTS as other toys representing animals. The sample will be returned, as requested by your office.

The applicable subheading for the Dancing hamster, item number 205251, 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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