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NY K83872




March 8, 2004
CLA-2-95:RR:NC:SP:225 K83872

CATEGORY: CLASSIFICATION

TARIFF NO.: 9503.80.0000

Mr. Joel E. Wilensky
Blue Ribbon Pet Products, Inc.
75 Modular Avenue
Commack, NY 11725

RE: The tariff classification of “Super Explorer 3 Submarine” from China.

Dear Mr. Wilensky:

In your letter dated February 27, 2004, you requested a tariff classification ruling.

You submitted a sample of a “Super Explorer 3 Submarine” identified on its cardboard box packaging as item number 0390. The item is a remote control battery operated toy submarine that is made of plastic and measures approximately 1-1/2 inches in height x 1-1/4 inches in width x 4 inches in length. Your advertising suggests that by using the remote control, a child 5 years of age and older can maneuver the toy submarine underwater inside an aquarium. The toy submarine is packaged with a plastic stand and a plastic cover, and is designed as a water toy for the amusement of a child.

The applicable subheading for the “Super Explorer 3 Submarine” will be 9503.80.0000, Harmonized Tariff Schedule of the United States (HTS), which provides for “Other toys and models, incorporating a motor, 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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