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NY L88945




November 23, 2005

CLA-2-95:RR:NC:2:224 L88945

CATEGORY: CLASSIFICATION

TARIFF NO.: 9503.49.0000

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

RE: The tariff classification of a battery-operated toy fish from China

Dear Ms. Aldinger:

In your letter dated November 15, 2005, you requested a tariff classification ruling.

You are requesting the tariff classification on a product that is described as a “Battery-Operated Ocean Creature.” The designated item number of the article is #943103. The battery-operated toy is designed as a source of amusement in a swimming pool. The product will be available in assorted styles of fish and sharks. The fin of the fish is motorized and when the switch on the toy is activated the fish swims under water. The sample will be returned, as requested by your office.

The applicable subheading for the “Battery Operated Ocean Creature”, #943103, will be 9503.49.0000, Harmonized Tariff Schedule of the United States (HTS), which provides for toys representing animals or non-human creaturesand parts and accessories thereof: 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 Tom McKenna at 646-733-3025.

Sincerely,

Robert B. Swierupski
Director,

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