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NY L85696




June 20, 2005

CLA-2-95:RR:NC:SP:225 L85696

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 “Domino Tornado” from China.

Dear Ms. Aldinger:

In your letter dated June 9, 2005, you requested a tariff classification ruling.

You submitted a sample of “Domino Tornado” identified as item number 941017. The item is a toy set that consists of a plastic train, plastic marble-size balls, a plastic chute that holds dominoes, a plastic arch with steps, and plastic dominoes of assorted colors. The dominoes are blank with no dots or other markings. The plastic chute is filled with the dominoes and then is fitted into a slot on top of the plastic train. When the train is moved, the dominoes are funneled through the chute and dispensed out of the back of the train where they stand up vertically and are evenly spaced. One can also derive amusement by marching the dominoes up the steps of the arch, or rolling the plastic balls down the steps and knocking over the dominoes. The toy set is packaged inside a cardboard box with a window display, and is intended to provide frivolous amusement for a child 3 years of age and older.

Your sample is being returned as requested.

The applicable subheading for the “Domino Tornado” identified as item number 941017 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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