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NY K87622




July 14, 2004
CLA-2-95:RR:NC:SP:225 K87622

CATEGORY: CLASSIFICATION

TARIFF NO.: 9503.90.0080

Ms. Cheryl Santos
CVS Pharmacy
One CVS Drive
Woonsocket, RI 02895

RE: The tariff classification of a Newton’s Cradle from China.

Dear Ms. Santos:

In your letter dated July 1, 2004, you requested a tariff classification ruling.

You submitted a sample of a Newton’s Cradle identified as item number 277510. This article is a desktop amusement article comprised of five steel balls that are suspended by monofilament string between two parallel metal bars mounted on a wooden base. The wooden base measures approximately ¾ inch in height and 5 inches square. The parallel metal bars measure approximately 4-1/4 inches in height. To operate, one or two of the balls on either end is swung away from the others and then released allowing the balls in motion to hit the remaining balls. This contact sends kinetic energy through the ball in the center to the last ball or balls furthest away, causing them to bounce away. When that ball or those balls return and hit the ball in the center the energy produced by the second collision is transferred back to the first ball or balls and they bounce away. The cycle repeats until the energy produced by the collisions dissipates to the degree where it is insufficient to cause the end ball to bounce away.

Your sample is being returned as requested.

The applicable subheading for the Newton’s Cradle identified as item number 277510 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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