CLA-2-95:L:CO:D22 A88144

Mr. Donald S. Simpson

Barthco Trade Consultants, Inc.

Hemisphere Center, Suite 300

Routes 1 & 9 South

Newark, NJ 07114

RE: The tariff classification of toy jack-in-the-box from

China

Dear Mr. Simpson:

In your letter dated September 30, 1996, you requested a tariff classification ruling on behalf of your client, Bozart Toys Inc. of Philadelphia, PA.

A picture of the toy was submitted with your request. The picture sample is a hand-cranked jack-in-the-box constructed of plastic. The jack-in-the-box is actually a rabbit standing upright and dressed as a clown. The box that encloses the rabbit is in the shape of a top hat that measures 7¾" wide at the brim and 6?" high. At certain intervals when the handle is cranked, the rabbit pops out of the hat to the sound of "Pop Goes the Weasel".

The applicable subheading for the rabbit jack-in-the-box toy will be 9503.50.0020, Harmonized Tariff Schedule of the United States (HTS), which provides for toy musical instruments and apparatus. The rate of duty will be free.

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.

Sincerely,

Leticia Moran

Port Director

Laredo, Texas