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NY R01129




December 8, 2004

CLA-2-95:RR:NC:SP:225 R01129

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 toy weapon from China.

Dear Mr. Crago:

In your letter dated December 1, 2004, you requested a tariff classification ruling.

You submitted a photograph of a 48” Halloween Plastic Trident identified as item number C079JA00471. The item is a plastic toy trident that measures approximately 48” in length, with a molded skull in its center. Although you have inquired whether this item can be classified as a festive article, the trident does not qualify for the festive provision, because it is not used to decorate the home for the Halloween holiday. Instead the intended use of the trident is as a toy weapon classifiable as a toy in Chapter 95 of the Harmonized Tariff Schedule.

The applicable subheading for the 48” Halloween Plastic Trident identified as item number C079JA00471 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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