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NY K89491





September 17, 2004
CLA-2-95:RR:NC:SP:225 K89491

CATEGORY: CLASSIFICATION

TARIFF NO.: 9503.90.0080

Ms. Jill Boyle
Shelcore Toys
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.

You submitted the following samples:

Item number 04001, Jungle Bumper Activity Book, consists of a soft fabric book of three pages that folds open into a jungle scene that measures approximately 7-1/2 inches in height and 23 inches in length. The whole jungle scene is silk screened on polyester fabric and depicts a hippopotamus, an elephant, a lion, and a multi-colored bird in a tree. When the child opens the mouth of the hippo, the child will see their reflection in a mirror that is sewn into the hippo’s mouth. The elephant has a protruding ear and trunk that, when squeezed, produces a “crinkling” sound. The lion has a ribbon mane and a paw on an elasticized leg that hangs down from the book and can be tugged on. The bird has an imprinted musical note that, when pressed, plays music and other sounds. The back of the book has five two-piece straps for securing to an infant’s crib. The item is intended to provide manipulative amusement and visual and aural stimulation for a child.

Item number 04245, Soft Tail Flip N Grip, is a plastic circular toy rattle that has a mirror front, a satin back filled with crinkle paper, and two teethable handles. A plastic piece covers part of the mirror and can be flipped over to reveal a printed sun and rainbow on one side and a moon and stars on the other side. Encasing the mirror is a plastic ring filled with assorted colored beads. Hanging from the rattle are two multi-colored textile strips. The item is packaged on a hanging blister and is intended to provide manipulative amusement and visual and aural stimulation for an infant.

Item number 04308, Soft Musical Phone, is a toy fabric phone with polyfill stuffing and clear tubes filled with beads on each side of the phone. The phone keypad has the numbers 1-4 in bright, colorful block letters. Underneath the numbers is a rubber key that, when pressed by a child, causes the phone to ring and a clear lens above the number pad to flash and blink in sync to the subsequent music. There is both a teething antenna and a carrying strap with a hook and loop closure sewn-in to the top of the phone while the bottom of the phone has a sewn-in mirror. The phone is packaged on a hanging blister card and is intended for an infant role-playing talking on the phone while also providing visual and aural stimulation.

Item number 73207, Sea Friends Activity Book, is a three sheet vinyl book with a cover depicting a polyvinyl chloride fish face, fins, and fish tail handle. Pressing the fish produces squeaking sounds. Sheet one depicts a silk-screened fish jumping out of the water. Pressing the fish produces squeaking sounds. Sheet two is a sealed pocket filled with mineral water and two plastic molded fish “swimming” in the water. Sheet three depicts a silk-screened crab and an underwater scene with a slot for storing a purple plastic fish tethered by a strip of clear plastic to the page. The back cover of the book depicts a silk-screened octopus. The item is packaged on a hanging blister card and is intended to provide aural and visual stimulation for an infant.

Item number 82482, Little Fix It Tool Truck, is a plastic toy truck that is capable of rolling on a flat surface and contains a no-removable driver in its cab and four plastic imitation tools (wrench, hammer, saw, and screwdriver) positioned upright on its flatbed. The hubcaps click when turned by either the wrench or screwdriver, the saw makes sounds when rubbed against the flatbed, and the hammer squeaks when squeezed. The truck has a molded plastic handle for portability. The toy truck is packaged in a cardboard box with a display window and is intended to provide manipulative amusement for a child.

Your samples are being returned as requested.

The applicable subheading for item number 04001, Jungle Bumper Activity Book, item number 04245, Soft Tail Flip N Grip, item number 04308, Soft Musical Phone, item number 73207, Sea Friends Activity Book, and item number 82482, Little Fix It Tool Truck, 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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