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NY K88665





August 16, 2004
CLA-2-95:RR:NC:SP:225 K88665

CATEGORY: CLASSIFICATION

TARIFF NO.: 9503.90.0080

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

RE: The tariff classification of a “Decision Maker” from China.

Dear Mr. VerPault:

In your letter dated August 5, 2004, you requested a tariff classification ruling.

You submitted a sample of a “Decision Maker” identified as item number 277514. The item is a roulette wheel-like toy that consists of two attached pieces. The first piece is a circular brown wooden base that measures approximately 3-1/2” in diameter, with nine ½” squares arranged in a circular pattern on top and a textile pad on the bottom. Each square has a printed number and an option category. The second piece is a 1-1/2” silver metal ball that is attached to eight ¼” metal ball bearings which fit in the center of the metal squares. One of the ball bearings is colored red. To use the toy, one would ask a question, then grab the large silver ball and spin it, which causes the attached ball bearings to spin. When the ball bearings stop spinning, the red ball bearing will be “pointing to” one of the nine option categories and provide the “answer” to your question. Option categories include “Buy”, “Sell”, “Ask Mom”, “Fire Someone”, “Go For It”, etc. The item is designed to provide frivolous amusement for children and adults.

Your sample is being returned upon your request.

The applicable subheading for the “Decision Maker” identified as item number 277514 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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