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NY M87514




October 24, 2006

CLA-2-95:RR:NC:2:224 M87514

CATEGORY: CLASSIFICATION

TARIFF NO.: 9503.49.0000

Mr. Dennis Morse
BDP International Inc.
2721 Walker Ave., N.W.
Grand Rapids, MI 49504

RE: The tariff classification of a Test Tube Alien from China

Dear Mr. Morse:

In your letter dated October 12, 2006, you requested a tariff classification ruling, on behalf of your client, Meijer Distribution.

You are requesting the tariff classification on a product that is called a Test Tube Alien, item number 73016. The item is a toy creature that appears alive after pouring water into the tube. In addition, the toy alien needs to be fed the special packets of food that are included with the product. The sample will be returned, as requested by your office.

The applicable subheading for the Test Tube Alien, item #73016, will be 9503.49.0000, Harmonized Tariff Schedule of the United States (HTSUS), which provides for toys representing animals and other non-human creaturesparts and accessories thereof: other. 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).

Pursuant to title 19 United States Code, Section 3005 The Harmonized Tariff Schedule of the United States is expected to be amended effective 1/1/07. The amendments are expected to affect the classification of your merchandise. Pursuant to Section 3005 c, the report recommending those changes has been sent to the President for proclamation of the changes. Upon the expiration of sixty legislative days, in the absence of Congressional action, the recommended changes will become law. Accordingly based on that recommendation, it is anticipated that your merchandise will be classified in 9503.00.0000 under the 2007 Harmonized Tariff Schedule. Under the circumstances, this classification under the 2007 tariff is advisory only.

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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