NY 809701

May 18,1995

CLA-2-95:S:N:N8:224 809701

Edwin C. Bullock
Kuhn and Muller
405 Lexington Ave
New York NY 10174-3201

RE: The tariff classification of a remote control toy from China.

Dear Mr. Bullock:

In your letter dated April 26, 1995, you requested a tariff classification ruling on behalf of The Hartz Mountain Corp.

The sample article consists of a toy representation of a mouse and a handheld radio remote control transmitter. The mouse component is comprised of a motor and chassis mounted on four wheels and is covered by fabric designed to resemble a mouse. The toy is operated by one 9-volt and three AAA batteries which are not included with the product in its imported condition. The toy is considered a set for tariff classification purposes whose essential character is imparted by the amusing mouse component. The sample will be returned at your request.

The applicable subheading for the radio controlled mouse toy will be 9503.49.0020, Harmonized Tariff Schedule of the United States (HTS), which provides for "Toys representing animals or non-human creatures...and parts and accessories thereof: Other, Toys not having a spring mechanism, Other." The rate of duty will be free.

This ruling is being issued under the provisions of Section 177 of the Customs Regulations (19 C.F.R. 177).

A copy of this ruling letter should be attached to the entry documents filed at the time this merchandise is imported. If the documents have been filed without a copy, this ruling should be brought to the attention of the Customs officer handling the transaction.

Sincerely,

Jean F. Maguire
Area Director
New York Seaport