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NY K83785




March 31, 2004
CLA-2-95:RR:NC:SP:225 K83785

CATEGORY: CLASSIFICATION

TARIFF NO.: 9503.90.0080

Mr. Stanley Tam
Annie Chik (CHB)
147-39 175th Street, Room #217
Jamaica, NY 11434

RE: The tariff classification of a “Flowing Timer” from Germany.

Dear Mr. Tam:

In your letter dated February 23, 2004, on behalf of A.C.T. Logistics Inc., you requested a tariff classification ruling.

You submitted a sample of a “Flowing Timer” (no item number), which is a toy made of rectangular-shaped clear molded plastic that measures approximately 4-1/2 inches in height x 3-1/2 inches across x 1/8 inch thick. On the bottom is a flat plastic piece that serves as a base that allows the toy to stand upright. The top of the item has a similar flat piece that allows it to stand upright even when turned upside down. In the center of the item is an hourglass-shaped cavity filled with water and orange granules. Although described as a “timer”, the item does not actually keep time. Instead, amusement is derived by repeatedly turning the product over to watch the water-aided orange granules rise from the bottom to the top.

Your sample is being returned as requested.

The applicable subheading for the “Flowing Timer” 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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