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NY K84236




March 19, 2004
CLA-2-95:RR:NC:SP:225 K84236

CATEGORY: CLASSIFICATION

TARIFF NO.: 9503.30.0000

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

RE: The tariff classification of a “55 Piece Marble Race” from China.

Dear Ms. Aldinger:

In your letter dated March 15, 2004, you requested a tariff classification ruling.

You submitted a sample of a “55 Piece Marble Race” identified as item 935413, which is a constructional toy consisting of 55 clear plastic pieces of various colors and shapes and 15 marbles (3 red, 3 orange, 3 yellow, 3 green and 3 purple). The plastic pieces have open ends which allow them to connect together to form three elongated tubes, with slides and ramps, that fit into saucer-like anchors. A child 3 years of age or older can derive amusement by dropping the marbles into the tops of the clear elongated tubes and watching them race through the tubes and around the slides and ramps to the bottom where they are collected inside the saucer-like anchors.

Your sample is being returned upon your request.

The applicable subheading for the “55 Piece Marble Race” identified as item 935413 will be 9503.30.0000, Harmonized Tariff Schedule of the United States (HTS), which provides for “Other construction sets and constructional toys, 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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