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NY J87872




August 14, 2003

CLA-2-92:RR:NC:2:227 J87872

CATEGORY: CLASSIFICATION

TARIFF NO.: 9205.90.4060

Ms. Mindy Gao
BchinaB
Chrysler Center
666 Third Avenue, 24th Floor
New York, NY 10017

RE: The tariff classification of a pennywhistle from China.

Dear Ms. Gao:

In your letter received in this office on August 5, 2003, you requested a tariff classification ruling. Sample is being returned as requested.

The submitted sample is a plastic pennywhistle that consists of a whistle mouthpiece and a tubular-shaped body with six finger holes.

The applicable subheading for this pennywhistle will be 9205.90.4060, Harmonized Tariff Schedule of the United States (HTS), which provides for other wind musical instruments (for example clarinets, trumpets, bagpipes): other: woodwind instruments: other, flutes and piccolos (except bamboo). The rate of duty will be 4.9 percent ad valorem.

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 George Kalkines at 646-733-3028.

Sincerely,

Robert B. Swierupski
Director,

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