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NY K81791




January 23, 2004
CLA-2-95:RR:NC:SP:225 K81791

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 “Plastic Eggs with Faces” from China.

Dear Ms. Aldinger:

In your letter dated January 13, 2004, you requested a tariff classification ruling.

You submitted a sample of “Plastic Eggs with Faces” identified as item number 934562. The item consists of four plastic eggs with happy faces that measure approximately 2-1/2 inches in height and 1-3/4 inches in diameter. The plastic eggs are weighted so, that when tossed into a pool, the eggs will float near the bottom. The plastic eggs have vibrant color combinations that allow them to be easily spotted underwater and retrieved by a child. The item is a toy intended to provide frivolous water play for a child 3 years of age and older.

The applicable subheading for the “Plastic Eggs with Faces” identified as item number 934562 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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