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NY L85130




May 23, 2005

CLA-2-95:RR:NC:SP:225 L85130

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 “Wand Try Me” from China.

Dear Ms. Aldinger:

In your letter dated May 6, 2005, you requested a tariff classification ruling.

You submitted a sample of a “Wand Try Me” identified as item number 939849, is a toy set that consists of a toy plastic pink wand, a plastic silver crown decorated in its center with a faux blue gem, and two plastic silver earrings with faux blue gems. The toy wand is decorated on top with a clear plastic star encased in pink plastic. The clear plastic star has a mini bulb in its center that lights up, accompanied by sound effects, when a button is pushed on the handle of the wand. The toy set is packaged in a cardboard box with a window display, and is intended for a child three years of age and older role-playing as a princess.

The sample is being returned upon your request.

The applicable subheading for the “Wand Try Me” identified as item number 939849 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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