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NY M80695




March 21, 2006

CLA-2-90:RR:NC:MM:114 M80695

CATEGORY: CLASSIFICATION

TARIFF NO.: 9005.10.0080; 9503.41.0000; 9503.80.0000

Ms. Kathy Marlow
Shelcore Toys
347 Elizabeth Avenue
Somerset, NJ 08873

RE: The tariff classification of Bugnoculars, Shake ‘N Bobble Tractor and Tenor from China

Dear Ms. Marlow:

In your letter dated February 20, 2006, you requested a tariff classification ruling. Samples of the Bugnoculars, Shake ‘N Bobble Tractor and Tenor were submitted for our review. The samples are being returned to you as requested.

Item number 82175 is identified as Bugnoculars. The Bugnoculars are plastic magnifying binoculars that have three-power magnification. The Bugnoculars make bug sounds and feature two built-in spotlights located on the top of the binoculars. The item requires two AA batteries to operate; the batteries will be included. The Bugnoculars are packaged in a cardboard display box ready for retail sale.

Item number 82489 is identified as the Shake ‘N Bobble Tractor. The Shake ‘N Bobble Tractor is a multi-colored toy plastic tractor powered by 3 AA batteries that measures approximately 6½ inches in height and 6½ inches in width. The toy tractor features real tractor sounds and lights, a bobble head driver and bird, and four plastic wheels. The item requires three AA batteries to operate. The toy tractor incorporates a motor and travels up to 5 feet. The Shake ‘N Bobble Tractor is packaged in a cardboard display box ready for retail sale.

Item number 04413 is identified as Tenor. Tenor is a multi-colored stuffed toy caterpillar with a plush exterior that is filled with polyester fibers and polyurethane foam. The stuffed toy measures about 15 inches in height and is soft to the touch. Tenor’s chest is embroidered with the letters “ABC” and the numbers “123”, and the stuffed toy is holding a guitar. Although the packaging indicates that Tenor has sound effects, the submitted sample does not contain any batteries and does not make any sounds. Tenor is packaged in a cardboard display box ready for retail sale.

The applicable subheading for the Bugnoculars will be 9005.10.0080, Harmonized Tariff Schedule of the United States (HTSUS), which provides for binoculars; other. The rate of duty will be free.

The applicable subheading for the Shake ‘N Bobble Tractor will be 9503.80.0000, HTSUS, which provides for other toys and models, incorporating a motor, and parts and accessories thereof. The rate of duty will be free.

The applicable subheading for Tenor will be 9503.41.0000, HTSUS, which provides for toys representing animals or non-human creatures (for example, robots and monsters) and parts and accessories thereof; stuffed toys and parts and accessories thereof. The rate of duty will be free.

Duty rates are provided for your convenience and are subject to change. The text of the most recent HTSUS and the accompanying duty rates are provided on World Wide Web at http://www.usitc.gov/tata/hts/.

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 Barbara Kiefer at 646-733-3019.

Sincerely,

Robert B. Swierupski
Director,

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