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NY J89887




October 24, 2003

CLA-2-95:RR:NC:SP:225 J89887

CATEGORY: CLASSIFICATION

TARIFF NO.: 9503.90.0080

Mr. Jim McKelvey
Northpole US, LLC
3333 Yale Way
Fremont, CA 94538

RE: The tariff classification of a “Children’s Combo Tunnel Play Tent” from China.

Dear Mr. McKelvey:

In your letter dated October 9, 2003, you requested a tariff classification ruling.

You submitted a sample of a “Children’s Combo Tunnel Play Tent” that is a combination of three toy play tents connected by a tunnel that is designed for use by children 6-12 years of age during indoor/outdoor play. Two tents measure approximately 40” x 25” x 21” and the other tent measures approximately 60” x 39” x 31” and are made of a composite material of polyester and nylon. All doors are secured by hook and loop fasteners. None of the tent openings are equipped with a rain fly, nor are the tents designed to protect the occupants from the elements or insects. Also included, is a child’s bedroll made of cotton fleece and not stuffed. The tent is imported in a zippered polyester vinyl carry bag.

In our opinion, the “Children’s Combo Tunnel Play Tent” is a set with the essential character imparted by the children’s play tents. GRI 3(b) noted. The item is clearly being advertised and marketed for children’s amusement, and not for outdoor camping activities.

The applicable subheading for the “Children’s Combo Tunnel Play Tent” 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 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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