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NY 882820

March 11, 1993

CLA-2-95:S:N:N8:882820 225


TARIFF NO.: 9503.90.6000

Diane Hudyka
Harper, Robinson & Co.
P. O. Box 82380
Cleveland, Ohio 44181

RE: The tariff classification of activity toys from China

Dear Ms. Hudyka:

In your letter dated Feb. 3, 1993 you requested a tariff classification ruling on behalf of your client Century Products Company.

Two large rattles and one toy, all with permanently affixed adjustable plastic straps are imported each enclosed in and individual plastic bag. The three bagged toys are inside another clear cellophane bag. The straps are the means of attachment of the imported items to a plastic bar, stroller or crib railing.

The applicable subheading for the items will be 9503.90.6000, Harmonized Tariff Schedule of the United States (HTS), which provides for Other toys: reduced-size ('scale') models and similar recreational models, working or not; puzzles of all kinds; and accessories thereof: Other: Other: Other. The duty rate will be 6.8 percent ad valorem.

In your letter you requested an opinion on your proposed marking of the imported product. According to 19 USC 1304(a)(3)(D) and 19 CFR 134.32(d) an article is excepted from marking if the container of such article will reasonably indicate the origin of such article. Marking the cellophane bag which hold all three toys MADE IN CHINA appears to meet the requirements of 19 USC 1304 as that bag is the packaging that the ultimate consumer will receive the good in.

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. Maguire

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