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NY N003324




November 22, 2006

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

CATEGORY: CLASSIFICATION

TARIFF NO.: 9503.90.0080

Ms. Shane Brooks
Summit Products, LLC
7299 Gadsden Hwy
Trussville, AL 35173

RE: The tariff classification of a Night N Day Bug Habitat from China

Dear Ms. Shane:

In your letter dated November 12, 2006, you requested a tariff classification ruling.

You are requesting the tariff classification on a product called a Backyard Safari Night N Day Habitat, item BSBHR. The item is a bug habitat that is comprised of a base with a clear plastic top attached. There is an attachment for a capture core for moving the bug into the habitat. The unit enables children of 5 years old and above to observe an insect in its habitat. The product is the same as the Bug Habitat Refresh with a LED light on top of the unit.

The applicable subheading for the Backyard Safari Night N Day Habitat, item BSBHR, will be 9503.90.0080, Harmonized Tariff Schedule of the United States (HTSUS), which provides for other toys; reduced-size (“scale”) 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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