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NY J86937




August 20, 2003

CLA-2-95:RR:NC:SP:225 J86937

CATEGORY: CLASSIFICATION

TARIFF NO.: 9503.90.0080

Ms. Mary Butterline
Liss Global, Inc.
7746 Dungan Road
Philadelphia, PA 19111

RE: The tariff classification of a “Love Thermometer” from China.

Dear Ms. Butterline:

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

You submitted a sample of a “Love Thermometer” identified as item number 934002. The item is made of clear glass and measures approximately 6 inches in height. It consists of a round base that measures approximately 2 inches in height and 2 inches in diameter that is molded to a cane-shaped glass tube that extends upwards approximately 4 inches and is topped by an empty glass heart. The glass heart measures approximately 1-1/2 in height and 1-1/2 across. Red liquid is sealed within the item and resides in the base. Amusement is derived by holding the item in the palm of your hand (generating heat) which activates the liquid to rise and flow upwards from the base through the cane-shaped tube and into the glass heart. When left unattended in an upright position the liquid will slowly drip back to the base.

Your sample is being returned as requested.

The applicable subheading for the “Love Thermometer” identified as item number 934002 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 merchandise may be subject to the requirements of the Toxic Substances Control Act (TSCA), which is administered by the United States Environmental Protection Agency. You may contact them at 401 M Street, S.W., Washington, D.C. 20460, telephone number (202) 554-1404, or EPA Region II at (732) 321-6669.

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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