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NY 810313

May 26, 1995

CLA-2-95:S:N:N8:225 810313


TARIFF NO.: 9502.10.0020

Mr. Brian J. O'Shea
McKenna & Cuneo
1575 Eye Street, N.W.
Washington, D.C. 20005

RE: The tariff classification of plastic figures from China

Dear Mr. O'Shea:

In your letter dated April 25, 1995, received in this office on April 28, 1995, you requested a tariff classification ruling on behalf of your client Alcone Sims O'Brien.

Five plastic figures were submitted with your inquiry. The figures depict various children's characters and measure about 19 cm in height or less. Each piece is entirely of one color. All are made of roto molded plastic and are hollow inside to accomodate an empty plastic vessel. The vessel is designed to hold liquids such as water, juice or soda. A protruding opening on top of the head was created to hold a straw or allow liquids to pour through. A straw is not included in the retail package. To gain access to the interior vessel, which can be removed for washing purposes, the head twists off and the body portion snaps open.

Although the plastic figures have a functional use as containers, the aesthetic appeal of the human characters portrayed and their overall play value qualifies them as dolls.

The applicable subheading for the plastic figures will be 9502.10.0020, Harmonized Tariff Schedule of the United States (HTS), which provides for dolls representing only human beings and parts and accessories thereof: whether or not dressed: other: not over 33 cm in height. 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.


Jean F. Maguire
Area Director

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