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NY L85881





June 23, 2005

CLA-2-95:RR:NC:SP:225 L85881

CATEGORY: CLASSIFICATION

TARIFF NO.: 9503.90.0080

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

RE: The tariff classification of a “Playset Tent” from China.

Dear Ms. Aldinger:

In your letter dated June 16, 2005, you requested a tariff classification ruling.

You submitted a sample of a “Playset Tent” identified as item number 941077, which is being returned upon your request. The item consists of a combination yellow, red and blue play tent and connectable play tunnel that is made of 40% plastic and 60% nylon. The tent measures approximately 38” in height x 48” in width x 48” in length, and the tunnel, which is collapsible, measures approximately 19” in diameter and 73” in length. The tent is erected with 12 plastic poles and the openings fastened with hook and loop closures. The play set is designed to accommodate two children, and is clearly being advertised and marketed for children’s amusement and not for outdoor camping activities.

The applicable subheading for the “Playset Tent” identified as item number 941077 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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