CLA-2-39:RR:NC:TP:343 818503

Mr. Albert Cohen
Albert Cohen/"HI-5"
176 North Lake Avenue
Troy, NY 12180

RE: The tariff classification of plastic hand/arm "HI-5" from Hong Kong.

Dear Mr. Cohen:

In your letter dated January 22, 1996, you requested a tariff classification ruling.

You have submitted a product that is identified as "HI-5". The hand/arm configuration is a replica of an athlete's hand/arm. It is made of light weight plastic and there is a spring action to manipulate the hand. Also there is a battery operated transmitter that emits a short phrase when the hand/arm is struck. There are no internal mechanical parts contained in this item. The "HI-5" requires the mutual hand slapping of two participants. This product will allow a fan or individual to perform the "HI-5" expressing excitement during a televised sporting event.

The applicable subheading for the plastic hand/arm "HI-5" will be 3926.40.0000, Harmonized Tariff Schedule of the United States (HTS), which provides for other articles of plastics, and other articles of other materials of headings 3901 to 3914: statuettes and other ornamental articles. The rate of duty will be 5.3 percent ad valorem.

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 Assistant Alice Masterson at 212-466-5892.

Sincerely,

Roger J. Silvestri
Director
National Commodity
Specialist Division