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NY K88461




September 7, 2004

CLA-2-85:RR:NC:1: 112 K88461

CATEGORY: CLASSIFICATION

TARIFF NO.: 8543.89.9695

Mr. Craig VerPault
CVS/pharmacy
One CVS Drive
Woonsocket, RI 02895

RE: The Tariff Classification of a "Battery Operated Dolphin and Ocean Wave Novelty" from China

Dear Mr. VerPault:

In your letter dated August 9, 2004 you requested a tariff classification ruling.

As indicated by the submitted sample, the " Battery Operated Dolphin and Ocean Wave Novelty", identified as item # 242871, consists of a plastic tube containing a blue gel liquid and a small plastic dolphin and a plastic base. When turned on, the tube pitches from side to side causing the gel to move in a wave-like motion.

The applicable subheading for the " Battery Operated Dolphin and Ocean Wave Novelty" will be 8543.89.9695, Harmonized Tariff Schedule of the United States (HTS), which provides for other electrical machines and apparatus, , not specified or included elsewhere in Chapter 85, HTS. The rate of duty will be 2.6 percent ad valorem

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 Michael Contino at 646-733-3014.

Sincerely,

Robert B. Swierupski
Director,

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