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NY L87834




September 30, 2005

CLA-2-95:RR:NC:SP:225 L87834

CATEGORY: CLASSIFICATION

TARIFF NO.: 9503.20.0000

Mr. Kevin Maher
C-Air Customhouse Brokers
181 South Franklin Avenue
Valley Stream, NY 11581

RE: The tariff classification of Magnetix MagnaModel Hummer H2 from China.

Dear Mr. Maher:

In your letter dated September 20, 2005, on behalf of your client, RoseArt Industries, you requested a tariff classification ruling.

You submitted a sample of a Magnetix MagnaModel Hummer H2 identified as style number 28178, which is being returned upon your request. The item is a 10” toy model Hummer H2 comprised of 20 magnetic pieces that, when assembled, is held together by magnets rather than by glue. Wording on the illustrated cardboard box packaging suggests that a child six years of age and older should “Build It! Crash It! Build It Again!” This toy model is intended to provide amusement for a child six years of age and older.

The applicable subheading for the Magnetix MagnaModel Hummer H2 identified as style 28178 will be 9503.20.0000, Harmonized Tariff Schedule of the United States (HTS), which provides for “Reduced-size (“scale) model assembly kits, whether or not working models, excluding those of subheading 9503.10: 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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