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NY K89431




September 17, 2004

CLA-2-95:RR:NC:2:224 K89431

CATEGORY: CLASSIFICATION

TARIFF NO.: 9503.49.0000

Jill Boyle
Shelcore, Inc.
347 Elizabeth Avenue
Somerset NJ 08873-1101

RE: The tariff classification of toys from China.

Dear Ms. Boyle:

In your letter dated September 8, 2004, you requested a tariff classification ruling.

The merchandise consists of a product designated Diving Fish™ with the item number 02284. The pre-production sample supplied states that to use the product the plastic seven-inch long highly stylized fish are tossed into a pool or other body of shallow water and the user can improve swimming skills by diving to retrieve them. The sample will be returned at your request.

The applicable subheading for the Diving Fish™ will be 9503.49.0000, Harmonized Tariff Schedule of the United States (HTS), which provides for other toystoys representing animals or non-human creatures (for example, robots and monsters) and parts and accessories thereof: 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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