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NY K80027




October 16, 2003

CLA-2-95:RR:NC:SP:225 K80027

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 a toy dress-up set from China.

Dear Ms. Aldinger:

In your letter dated October 7, 2003, you requested a tariff classification ruling.

You submitted a sample of “Cheer Girl Team Gear” identified as item number 934416. The item consists of 2 hand-held pom poms and a plastic megaphone packaged together as a toy set. The megaphone measures approximately 7 inches in length with an opening at the mouth that measures approximately 1-1/4 inches in diameter and a larger opening at the other end that measures approximately 5 inches in diameter. The megaphone is pink with the printed words “Cheer Girl” inside a white star in the center of the megaphone and two white bands at each end. The pom poms have pink, white, and gold strands that measure approximately 9 inches in length and are attached to a pink plastic swirl handle that measures approximately 2-1/4 inches with a white knob at the end. The articles are packaged on a cardboard hangtag that depicts little girls in various cheerleader poses. The toy set is designed for the amusement of a girl 4 years of age and older role-playing as a cheerleader.

The applicable subheading for the “Cheer Girl Team Gear” identified as item number 934416 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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