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NY L80317




October 25, 2004
CLA-2-95:RR:NC:SP:225 L80317

CATEGORY: CLASSIFICATION

TARIFF NO.: 9503.70.0000

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

RE: The tariff classification of a “Bunny Toss and Catch Game” from China.

Dear Mr. VerPault:

In your letter dated October 14, 2004, you requested a tariff classification ruling.

You submitted a sample of a “Bunny Toss and Catch Game” identified as item number 304839. The toy set consists of two yellow egg-shaped pads (mitts) and a blue bunny-shaped textile beanbag. The pads have black hook and loop straps on back for securing to the hand and an egg-shaped hook and loop patch in their center. The object is for two children to play catch with the bunny beanbag by tossing it back and forth like a ball and catching it on the hook and loop patch.

Although marketed as a “game”, the item does not possess any form of organized play, such as keeping score, and simply creates an amusing activity for children. Therefore, the item will be classified as a toy.

Your sample is being returned as requested.

The applicable subheading for the “Bunny Toss and Catch Game” identified as item number 304839 will be 9503.70.0000, Harmonized Tariff Schedule of the United States (HTS), which provides for “Other toys, put up in sets or outfits, and parts and accessories thereof.” 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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