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NY K81122




November 18, 2003
CLA-2-95:RR:NC:SP:225 K81122

CATEGORY: CLASSIFICATION

TARIFF NO.: 9503.90.0080

Mr. Kevin Anderson
Wham-O Inc.
5903 Christie Avenue
Emeryville, CA 94608

RE: The tariff classification of an “Infinity Frisbee” from China.

Dear Mr. Anderson:

In your letter dated November 6, 2003, you requested a tariff classification ruling.

You submitted a sample of an “Infinity Frisbee” identified as item number 51036. The toy is an oval-shaped flying disc that measures approximately ¼ inch in height x 9-1/2 inches at its widest width x 13-1/2 inches in length. It is comprised of a blue nylon outer ring encased in sewn fabric and a black spandex middle. The spandex middle has the words “Infinity Original Frisbee Disc®” printed in yellow and a 3” open space at its top and bottom for gripping. Attached to the disc is a hang card with an illustration depicting a man tossing the disc, and printed words indicating that the item is intended as a toy for a person five years of age and older.

The applicable subheading for the “Infinity Frisbee” identified as item number 51036 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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