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NY R01116




December 8, 2004

CLA-2-95:RR:NC:SP:225 R01116

CATEGORY: CLASSIFICATION

TARIFF NO.: 9503.90.0080

Mr. Troy D. Crago
Atico International, USA
501 South Andrews Avenue
Fort Lauderdale, FL 33301

RE: The tariff classification of a “Dog Frisbee” from China.

Dear Mr. Crago:

In your letter dated November 30, 2004, you requested a tariff classification ruling.

You submitted a photograph of a “Dog Frisbee” identified as item number C056DA00333. The item consists of a plastic saucer-shaped disk that measures approximately 9” in diameter and is intended for use as an entertaining throw or toss toy, much like a toy ball, but with an added unique aerodynamic characteristic. Although you indicate the item is for use with a dog, its shape, construction, and function is identical to that of a standard flying disk, that is, to provide amusement when tossed on a beach, or thrown in a backyard, a playground or a park. Therefore, the item is classifiable as a toy in Chapter 95 of the Harmonized Tariff Schedule.

The applicable subheading for the “Dog Frisbee” identified as item number C056DA00333 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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