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NY J81608




March 6, 2003

CLA-2-95:RR:NC:2:224 J81608

CATEGORY: CLASSIFICATION

TARIFF NO.: 9504.90.4000

Ms. Jenette Stuart
Kuehne & Nagel
San Francisco Branch
150 West Hill Place
Brisbane, CA 94005-1216

RE: The tariff classification of a toy game called Scatter Fish from China.

Dear Ms. Stuart:

In your letter dated February 25, 2003, you requested a tariff classification ruling, on behalf of Wild Planet Toys Inc., your client.

You are requesting the tariff classification on an item that is called Scatter Fish, item 5100. The product is a toy game that operates in the following manner: the players slide the plastic game fish onto the launching posts of the floating home base, next the players pull the countdown timer to set it in the starting position and then the fish scatter in all directions while gliding down to the bottom of the pool. The timer begins the countdown and the race begins. The players dive in and catch the fish; the first person to catch their fish and stop the counter wins the game. The correct classification will be in Chapter 95 of the HTS as other game machines. You have not requested the return of your sample.

The applicable subheading for the Scatter Fish toy game, item 5100, will be 9504.90.4000, Harmonized Tariff Schedule of the United States (HTS), which provides for other: game machines, other than those operated by coins, banknotes (paper currency), discs or similar articles; 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 Tom McKenna at 646-733-3025.

Sincerely,

Robert B. Swierupski
Director,

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