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NY N005010




January 16, 2007

CLA-2-95:RR:NC:224:N005010

CATEGORY: CLASSIFICATION

TARIFF NO.:9503.70.0000

Mr. Holly VanDeusen
Darice
13000 Darice Parkway, Park 82
Strongsville, Ohio 44149-3800

RE: The tariff classification of Tub O’ Foamies Activity Bucket, Item #1053-94, from China

Dear Mr. VanDeusen:

In your letter dated December 21, 2006, on behalf of your client, Lamrite West Inc., you requested a tariff classification ruling.

The samples submitted, Tub O’ Foamies Activity Bucket, consist of artificial money in different dollar and coin denominations and are made from plastic foam. They are designed as a toy for children. The foam money is contained in a plastic tub and there are 160 pieces in the container.

The applicable subheading for the Tub O’ Foamies Activity Bucket will be 9503.70.0000, Harmonized Tariff Schedule of the United States (HTSUS), which provides for "Other toys, put up in sets or outfits, and parts and accessories thereof." The rate of duty will be free.

 Your samples are being returned as requested

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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