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NY J85826




July 2, 2003

CLA-2-95:RR:NC:2:224 J85826

CATEGORY: CLASSIFICATION

TARIFF NO.: 9503.49.0000

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

RE: The tariff classification of a “Swinging Monkey” toy from China

Dear Ms. Santos:

In your letter dated June 23, 2003, you requested a tariff classification ruling.

You are requesting the tariff classification on an item that is described as a “Swinging Monkey”, item # 243867. The monkey has long arms held together with a hook and loop closure that allows the monkey to be hung up on a hook or on another object such as a chair, bedpost, etc. When the appropriate button is pressed or the monkey is motion-activated the toy laughs and swings back and forth. The monkey is available in assorted colors and requires batteries for the motion and noise functions. The proper classification will be in Chapter 95 of the HTS as toys representing animals since clearly the product will be a source of amusement for both children and adults. The sample will be returned, as requested by your office.

The applicable subheading for the “Swinging Monkey”, item # 243867, will be 9503.49.0000, Harmonized Tariff Schedule of the United States (HTS), which provides for toys representing animals or non-human creatures...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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