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NY N003268




November 21, 2006

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

CATEGORY: CLASSIFICATION

TARIFF NO.: 9503.90.0080

Ms. Joann Mosqueda
JA-RU Inc.
4030 Phillips Highway
Jacksonville, Florida 32207

RE: The tariff classification of Lite-Up toy glasses from China

Dear Ms. Mosqueda:

In your letter dated November 2, 2006, you requested a tariff classification ruling.

You are requesting the tariff classification on a product called Lite-Up Glasses, item # 5062. The glasses are constructed of green plastic with a button that when pushed causes the glasses to light up. The glasses have internal wires that are the source of the light. These will all be classified in Chapter 95 of the HTSUS as other toys.

The applicable subheading for the Lite-Up toy glasses, item number 5062 will be 9503.90.0080, Harmonized Tariff Schedule of the United States (HTSUS), which provides for other toys; reduced size (“scale”) models and similar recreational modelsparts and accessories thereof: otherother. 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 9503.00.00 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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