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NY L81177




December 10, 2004

CLA-2-95:RR:NC:SP:225 L81177

CATEGORY: CLASSIFICATION

TARIFF NO.: 9503.70.0000

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

RE: The tariff classification of a “Sand Digger 2 Pack” from China.

Dear Ms. Aldinger:

In your letter dated December 2, 2004, you requested a tariff classification ruling.

You submitted a sample of a “Sand Digger 2 Pack” identified as item number 938772. The toy set consists of two plastic toy tools packaged together that, when placed on top of one another, resembles a turtle emerging from its shell. The first tool resembles an empty purple turtle shell and functions as a “scoop” that measures approximately 4-1/4” inches in width x 7 inches in length x 1” in thickness. The second tool resembles an orange turtle head and two legs and functions as a three-pronged “fork” that measures approximately 4-1/4” in width x 7” in length x 1” in thickness. Each tool has two openings on either side of a center horizontal piece that serves as a handgrip. The “turtle” tools will provide amusement for a child three years of age and older while digging in sand on the beach, and will be packaged on a hangtag.

Your sample is being returned as requested.

The applicable subheading for the “Sand Digger 2 Pack” identified as item number 938772 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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