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NY A84210

June 25, 1996

CLA-2-95:RR:NC:FC: 225 A84210


TARIFF NO.: 9503.90.0030

Ms. Patricia Aaront
The Toy Group Inc.
1 Hampton Street
Westhampton Beach, N.Y. 11978

RE: The tariff classification of a stacking toy from China

Dear Ms. Aaront:

In your letter dated May 29, 1996, you requested a tariff classification ruling.

A sample of the "Stacking Toy", item #3501, accompanied your inquiry. Composed of textile material, the article consists of a base with a standing rod and rings which encircle the rod. The entire product is stuffed with some form of textile material. Similar to other stacking toys, the rings are designed to fit over the rod in a sequence determined by the size of their diameter in conjunction with the rod. The rod becomes progressively wider towards the bottom of the base. Each ring has a dog's head sewn to it, complete with eyes, ears, nose and mouth. Although only two rings were submitted with your sample, this office would assume that the finished product will contain about 4 or 5 stuffed rings.

The applicable subheading for item #3501, "Stacking Toy", will be 9503.90.0030, Harmonized Tariff Schedule of the United States (HTS), which provides for other toys (except models), not having a spring mechanism. The rate of duty will be free.

Additionally, the subject "Stacking Toy" may constitute an infringement of a registered copyright under Section 602 of the Copyright Act (17 U.S.C. 602). Importations of this merchandise may be subject to the provisions of Section 133 of the Customs Regulations if it copies or simulates a registered copyright work recorded with the Customs Service. You should contact your local Customs office to determine the status of this toy prior to importation.

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 J. Wong at 212-466-5538.


Roger J. Silvestri

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