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NY K89202




September 17, 2004

CLA-2-95:RR:NC:2:224 K89202

CATEGORY: CLASSIFICATION

TARIFF NO.: 9506.29.0040

Michelle L. Shukys
Delphin USA, LLC
204 37th Ave. N. #350
St. Petersburg FL 33704

RE: The tariff classification of swim buoyancy aids from Germany.

Dear Ms. Shukys:

In your letter dated August 28, 2004, you requested a tariff classification ruling.

The merchandise consists of three swim training products identified as a Delphin Swimdisc, Delphin Aqua Fun Board, and a Delphin Aqua Fun Clips & Key.

The Swim Disc product is described as disc shape swimming and rescue aid made of flotation material that is worn on the upper arm supplying buoyancy to the beginning swimmer.

The Aqua Fun Board is a foam kickboard used primarily as a buoyancy aid for swim instruction. It is intended to be held by the swimmer to provide support to the swimmer for improving specific elements of a swimming style or stroke.

The Aqua Fun Clips and Key is a plastic molded clip that is used to connect two or more of the above boards together to create a larger board. A set includes two clips, top and bottom, and one key. The clips and key have no separate use without the boards.

The applicable subheading for the Delphin Swim Discs, the Delphin Aqua Fun Board, and the Delphin Aqua Fun Clips and Key will be 9506.29.0040, Harmonized Tariff Schedule of the United States (HTS), which provides for articles and equipment for general physical exercise, gymnastics, athletics, other sports or outdoor gameswater skis, surf boards, sailboards and other water sport equipment; 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 Tom McKenna at 646-733-3025.

Sincerely,

Robert B. Swierupski
Director,

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