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NY J85620




June 11, 2003

CLA-2-95:RR:NC:SP:225 J85620

CATEGORY: CLASSIFICATION

TARIFF NO.: 9503.70.0000

Ms. Lorianne Aldinger
Rite Aid Corporation
P.O. Box 3165
Harrisburg, PA 17105

RE: The tariff classification of toy sets from China.

Dear Ms. Aldinger:

In your letter dated June 2, 2003, you requested a tariff classification ruling.

You submitted samples of a “Beast Raider™ Savage™ Dungeon Warrior Figures Playset” assortment identified as item number 932410. The first set features BladeKiller™ and DeepKlaw™, five small plastic weapons, and a plastic 6” dungeon decorated with a skull. BladeKiller™ is a plastic action figure with a green skull-like face with a menacing grin and a horn protruding from his forehead. The figure is dressed in a hooded cloak, with spiked gloves and boots. He holds a pitchfork-like weapon and has three skull trophies hanging from his belt. DeepKlaw™ is a Tyrannosaurus Rex-like dinosaur on two legs, with red eyes and a snarling mouth. The dinosaur is attired in a spiked helmet and wears a saddle. The items are packaged inside a cardboard castle-like play environment. The second set includes the ThunderThor™ and WhiteFangs™ plastic action figures, five small plastic weapons, a 7” plastic castle with ladder, a plastic brick wall with a plastic black spider and web, 2 plastic black birds, and 2 plastic black rats. ThunderThor™ is a human plastic action figure who carries a 2” sword and is dressed in a red headband, shorts, and open metal vest. WhiteFangs™ is an orange Sabertooth tiger-like creature attired in a spiked helmet that is attached to reins, and wears a saddle. The items are packaged inside a cardboard castle-like play environment.

The applicable subheading for the “Beast Raider™ Savage™ Dungeon Warrior Figures Playset” assortment identified as item number 932410 will be 9503.70.0000, Harmonized Tariff Schedule of the United States (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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