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NY J87583




September 12, 2003

CLA-2-95:RR:NC:SP:225 J87583

CATEGORY: CLASSIFICATION

TARIFF NO.: 9503.70.0000

Mr. William J. Maloney
Rode & Qualey
Attorneys At Law
55 West 39th Street
New York, NY 10018

RE: The tariff classification of “My First Sports Bag” from China.

Dear Mr. Maloney:

In your letter dated August 27, 2003, on behalf of your client, Gund, Inc., you requested a tariff classification ruling.

You submitted a sample of “My First Sports Bag” identified as item number 58341. The item consists of a miniature sports bag and four sports balls. The sports bag is made of man-made fiber material and measures approximately 4 inches in height x 4 inches in width x 7-1/2 inches in length with two blue strap handles and a yellow top flap opening fastened with a hook and loop closure. The bag has depictions of miniature baseballs, footballs, basketballs and soccer balls with smiley faces on its outside, along with the words “My First Sports Bag” on each long side of the bag. Inside the bag are 4 sports balls that measure approximately 2-1/2 inches in diameter with a shell of man-made fiber textile material. Each ball has a smiley face stitched on its surface, and all four balls are designed to fit together inside the bag. The soccer ball contains an electronic sound device that is activated when the ball is bounced off a surface. The baseball contains crinkle paper and makes a crinkle sound when squeezed. The football contains a squeaker and makes a squeaking sound when squeezed. The basketball contains a rattle and makes a rattling sound when shaken. This imitation toy sports equipment is designed for children under the age of three years old primarily for frivolous play activity.

Your sample is being returned as requested.

The applicable subheading for “My First Sports Bag” identified as item number 58341 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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