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NY J85055




June 4, 2003

CLA-2-95:RR:NC:SP:225 J85055

CATEGORY: CLASSIFICATION

TARIFF NO.: 9503.90.0080

Ms. Joann Mosqueda
JA-RU, Inc.
4030 Phillips Highway
Jacksonville, FL 32207

RE: The tariff classification of a “Fan Tastic Sub Fan w/ Carry Cord” from China.

Dear Ms. Mosqueda:

In your letter dated May 22, 2003, you requested a tariff classification ruling.

You have submitted a sample of a “Fan Tastic Sub Fan w/ Carry Cord” identified as item number 1399. The item is a blue plastic hand-held toy in the shape of a submarine that measures approximately 2-1/2 inches in height x 1-1/2 inches in width x 4 inches in length. Attached to the front of the submarine is an orange half-circle shaped rotor with two soft pliable “blades.” When a yellow button on top of the submarine is pressed down, the blades turn, make a whirring sound, and circulate air. The words “Kool Sub” are embossed in orange on one side of the submarine and an orange carry cord is attached to the top of the item. The item is packaged on a blister card and is intended to provide frivolous amusement for a child aged four years old and up.

The applicable subheading for the “Fan Tastic Sub Fan w/ Carry Cord” identified as item number 1399 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.

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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