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NY K80308




October 24, 2003

CLA-2-95:RR:NC:SP:225 K80308

CATEGORY: CLASSIFICATION

TARIFF NO.: 9503.90.0080

Ms. Lorianne Aldinger
Rite Aid Corporation
P.O. Box 3165
Harrisburg, PA 17105

RE: The tariff classification of “Winner Marbles in Long Tube” from China.

Dear Ms. Aldinger:

In your letter dated October 20, 2003, you requested a tariff classification ruling.

You submitted a sample of “Winner Marbles in Long Tube” identified as item number 934450. The item consists of 24 marbles (6 blue, 6 green, 6 yellow, and 6 pink) packaged inside a 16” clear plastic tube. The tube has two plastic end caps. One end cap has pink cord attached for carrying the tube of marbles. The item is packaged on a hanging blister card, which indicates that the marbles are intended for frivolous play by children five years of age and older. An illustration on the back of the blister card demonstrates the proper finger grip for “shooting marbles.”

The applicable subheading for the “Winner Marbles in Long Tube” identified as item number 934450 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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