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NY J84087




May 16, 2003

CLA-2-95:RR:NC:SP:225 J84087

CATEGORY: CLASSIFICATION

TARIFF NO.: 7117.90.7500; 9502.10.0060; 9503.70.0000

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

RE: The tariff classification of a necklace, a doll, and toy sets from China.

Dear Mr. Tomenga:

In your letter dated May 9, 2003, on behalf of Creata Promotions USA, Inc., you requested a tariff classification ruling.

You submitted the following samples:

U.S. Wrin 08265-021, Doll In Purple Attire With Stand, is a plastic 5” doll that depicts a young African-American woman with waist-length black hair who is wearing a short silver and purple top that reveals her midriff, a pair of iridescent purple trousers with side pockets, and a pair of purple and gray sneakers. The doll’s arms rotate but the legs are immobile. The doll is packaged with a star-shaped purple plastic stand that has two openings sized for the doll’s feet.

U.S. Wrin 08265-021, Light-Up Flower Necklace, is a necklace that consists of a plastic pendant on a textile cord. The pendant consists of two plastic pieces (the top piece is powder blue, the bottom piece is translucent pink) shaped like flowers. An on-off switch located on the edge of the blue flower activates a LED that lights up the pink flower. Attached to the top of the blue flower are two pink textile cords with plastic clasps that allow the cords to be fastened. You state that the necklace is valued at more than 20 cents per dozen and more than 8 cents per piece.

U.S. Wrin 08265-000, Red Race Car with a Yellow Launching Ramp, is a toy set that consists of a toy race car, a launching ramp, and decals. The car measures approximately 2-1/2 inches in length and 1 inch in width and is colored red with its exposed engine in the rear colored silver. The vehicle has four black tires with silver rims, a brown undercarriage and a gray plastic bubble over the driver’s compartment. The wheels are connected by a wire axle that allows the vehicle to roll on a flat surface. The launching ramp is comprised of three pieces of interlocking yellow plastic with its sides molded to resemble an arid terrain. The top of the ramp has two rectangular-shaped openings into which the rear wheels of the vehicle may be placed to steady the car before pushing the vehicle down the ramp. Moving a small green snake placed at the bottom of one side of the ramp causes a stump-like obstacle to pop out from the middle of the path, forcing the vehicle to fall off the slope. The decals are used for decorating the car and the ramp.

U.S. Wrin 08265-009, White “Stock” Car with a Red Launching Ramp, consists of a toy “stock” car, a launching ramp, and decals. The vehicle measures approximately 3 inches in length and 1 inch in width and is colored red. The undercarriage and tires are black, with the wheels connected by a wire axle that allows the vehicle to roll on flat surfaces. The launching ramp is comprised of three pieces of interlocking yellow plastic with its sides molded to resemble a rock formation. The top of the ramp has two rectangular-shaped openings into which the rear wheels of the vehicle may be placed to steady the car before pushing the vehicle down the ramp. A small side road intersects the main lane of the ramp and holds a large brown boulder. As the car proceeds down the ramp, it passes over a button that sends the boulder rolling down the ramp after the car passes by. The decals are used for decorating the car and the ramp.

Your samples are being returned as requested.

The applicable subheading for U.S. Wrin 08265-021, Light-Up Flower Necklace, will be 7117.90.7500, Harmonized Tariff Schedule of the United States (HTS), which provides for “Imitation jewelry: Other: Other: Valued over 20 cents per dozen pieces or parts: Other: Of plastics.” The rate of duty will be free.

The applicable subheading for U.S. Wrin 08265-021, Doll In Purple Attire With Stand, will be 9502.10.0060, HTS, which provides for “Dolls representing only human beings and parts and accessories thereof: Dolls, whether or not dressedOther.” The rate of duty will be free.

The applicable subheading for U.S. Wrin 08265-000, Red Race Car with a Yellow Launching Ramp, and U.S. Wrin 08265-009, White “Stock” Car with a Red Launching Ramp, will be 9503.70.0000, HTS, which provides for “Other toys, put up in sets or outfits, 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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