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NY L80347




October 25, 2004
CLA-2-95:RR:NC:SP:225 L80347

CATEGORY: CLASSIFICATION

TARIFF NO.: 9503.90.0080

Ms. Lorianne Aldinger
Rite Aid Corporation
P.O. Box 3165
Harrisburg, PA 17105

RE: The tariff classification of a “Water Snake” from China.

Dear Ms. Aldinger:

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

You submitted a sample of a “Water Snake” identified as item number 938056. The item consists of a rectangular shaped plastic container that measures approximately 2 inches in height x 2 inches in width x 5 inches in length that is filled with blue colored gel. The gel is decorated with glitter and filled with three fake tropical fish. When one removes the gel from the container and squeezes the gel, it slithers through the fingers like a slippery snake. The item is packaged on an illustrated hanging blister card and is a toy intended to provide frivolous amusement for a person trying to hold the slimy substance.

Your sample is being returned as requested.

The applicable subheading for the “Water Snake” identified as item number 938056 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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