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NY L80967




December 6, 2004

CLA-2-95:RR:NC:SP:225 L80967

CATEGORY: CLASSIFICATION

TARIFF NO.: 9503.80.0000

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

RE: The tariff classification of a “Light Up Spinning Torch” from China.

Dear Ms. Aldinger:

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

You submitted a sample of a “Light Up Spinning Torch” identified as item number 938065. The item consists of a 4” red metal handle topped with a clear plastic dome that measures approximately 3” in diameter. Inside the dome is a 2” plastic circular piece decorated along its outer edges with 1/8” light bulbs of assorted colors. When a button on the handle is pressed, the yellow piece spins and the bulbs light up in various patterns. The item is designed as a toy for a child three years of age and older who will derive amusement by watching the flashing, spinning lights. The item is powered by three “AAA” batteries, which are included.

Your sample is being returned upon your request.

The applicable subheading for “Light Up Spinning Torch” identified as item number 938065 will be 9503.80.0000, Harmonized Tariff Schedule of the United States (HTS), which provides for “Other toys and models, incorporating a motor, 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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