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NY J89007




October 9, 2003

CLA-2-95:RR:NC:SP:225 J89007

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 an “Airzooka Assortment” from China.

Dear Ms. Aldinger:

In your letter dated October 3, 2003, you requested a tariff classification ruling.

You submitted a sample of an “Airzooka Assortment” identified as item number 934437. The item is a blue plastic toy hand-held gun in the shape of a “basket” that measures approximately 10-1/2 inches in height with a pistol handgrip that measures approximately 3-1/2 inches in length. One side of this “basket” has a plastic covered opening that measures approximately 10-1/2 inches in diameter with the other end of the “basket” having an opening that measures approximately 5 inches in diameter. By pulling back a built-in elastic air launcher, the plastic covering will “capture” air that will be propelled forward through the interior of the basket and out the smaller sized opening in front when the elastic air launcher is released. This “captured” air can be aimed at objects up to 20 feet away via a plastic flip-up gun site. The item is designed to provide frivolous amusement for a child 6 years of age and older as they muss up a person’s hair or ruffle papers, clothing, etc. from a distance away. The toy will be imported in two colors, blue and green, inside an illustrated cardboard box.

The applicable subheading for the “Airzooka Assortment” identified as item number 934437 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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