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NY 879907

November 27, 1992

CLA-2-95:S:N:N3D:225 879907


TARIFF NO.: 9503.90.6000, 9208.90.0080,

Mr. W.J. Gonzalez
Trans-Union Customs Service
11941 S. Prairie Ave.
Hawthorne, CA 90250

RE: The tariff classification of a wooden toy train set, sound device and duffel bags from China

Dear Mr. Gonzalez:

In your letter dated October 26, 1992, you requested a classification ruling on behalf of your client Essco Sales and Marketing.

A sample of "The Little Chugger" train set accompanied your inquiry.
The item consists of a wooden, free-wheeling train, track layout, whistle or sound device and a nylon bag. The whistle, which we will refer to as a sound device, produces the familiar warning sound of a train approaching. The nylon duffel bags have a double handle with an adjustable shoulder strap and are unlined. The train set will be imported in two sizes: small and large. Accordingly, a smaller size duffel bag will be packaged with the smaller train set and a large size bag will be included with the larger train set. You believe the entire retail package qualifies as a set with the essential character imparted by the toy train. This office must disagree with your conclusion.

The wooden train with tracks, trees and figures are clearly toys designed for the amusement of children. The bag, which you will advertise as a give-away and storage bag for the train set, is not specially design- ed or fitted to contain the train and its components. In fact, the bag is fashioned like any other duffel type bag which may be used to carry numerous articles. Train sets are not normally sold with a duffel bag for
storage and Chapter 95 Note 1(d) of the Harmonized Tariff Schedule specif- ically excludes "sports bags or other containers of heading 4202". Since the article does not qualify as a set for classification purposes each item must be separately classified.

Section 304 of the Tariff Act of 1930 as amended, states that all articles entering the commerce of the United States must be marked with the country of origin as permanently and conspicuously as the article will permit. Please ensure that these requirements are met.

The applicable subheading for the wooden train, tracks, trees and figures will be 9503.90.6000, Harmonized Tariff Schedule of the United States (HTS), which provides for other toys (except models), not having a spring mechanism. The duty rate will be 6.8 percent ad valorem.

The applicable subheading for the sound device will be 9208.90.0080, HTS, which provides for whistles, call horns and other mouth-blown sound signaling instruments, other, other. The duty rate will be 5.3 percent ad valorem.

The applicable subheading for the nylon duffel bags will be 4202.92.3030, HTS, which provides for travel, sports and similar bags, with outer surface of textile materials, other, of man- made fibers, other. The duty rate will be 20 percent ad valorem.

The nylon duffel bags fall within textile category designation 670. Based upon international textile trade agreements, products of China are subject to quota restraints and visa requirements.

The designated textile and apparel category may be subdivided into parts. If so, visa and quota requirements applicable to the subject merchandise may be affected. Since part categories are the result of international bilateral agreements which are subject to frequent renegotiations and changes, to obtain the most current information available, we suggest that you check, close to the time of shipment, the Status Report On Current Import Quotas (Restraint Levels), an internal issuance of the U.S. Customs Service, which is available for inspection at your local Customs office.

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.


Jean F.

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