CLA-2-40:RR:NC:2:222 A88734

Mr. Michael Rosbach

Rite Aid Corporation

P. O. Box 3165

Harrisburg, PA 17105

RE: The tariff classification of rubber pet toys from China.

Dear Mr. Rosbach:

In your letter dated October 17, 1996, you requested a tariff classification ruling.

The submitted samples are identified as item #970124, Rubber Pet Toy Assortment. The pet toys are composed of 100 percent rubber. This dog toy is available in three styles. The blue tug toy measures 5 inches in length, the yellow dumb bell measures 5 inches in length and the pimple ball measures 2 inches in diameter. The pet toys are packaged in a poly-bag with a header card.

The applicable subheading for the rubber pet toy assortment, will be 4016.99.0500, Harmonized Tariff Schedule of the United States (HTS), which provides for other articles of vulcanized rubber other than hard rubber, other; other, household articles not elsewhere specified or included. The rate of duty will be 3.4 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 Alice Masterson at 212-466-5892.

Sincerely,

Roger J. Silvestri

Director

National Commodity

Specialist Division