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NY 889090

September 2, 1993

CLA-2-95:S:N:N8:224 889090


TARIFF NO.: 9503.41.1000

Mr. John A. Slagle
Wolf D. Barth Co. Inc.
7575 Holstein Avenue
Philadelphia, PA 19153

RE: The tariff classification of "Tip", a non-human toy creature, item number 04-9150-0-900, from China.

Dear Mr. Slagle:

This classification decision under the Harmonized Tariff Schedule of the United States (HTS) is being issued in accordance with the provisions of Section 177 of the Customs Regulations (19 C.F.R. 177).

DATE OF INQUIRY : August 5, 1993

ON BEHALF OF : Binney & Smith, Inc.

MERCHANDISE : The submitted sample is an anthropomorphic textile representation of a crayon. The figure is composed of knit fabric with facial features sewn thereon. The figure, which measures approximately six inches in its normal seated position, is significantly stuffed with textile materials with plastic pellets at the base. After importation into the United States, the figure will be packaged in a cardboard box with eight United States made crayons and sold as item number 04-9150-0-000. The figure, imported by itself, may show either item number 04-9150- 0-000 or item number 04-9150-0-900.
The item as imported is considered a stuffed toy creature for tariff classification purposes.

HTS PROVISION : Toys representing animals or non-human creatures, stuffed

HTS SUBHEADING : 9503.41.1000

RATE OF DUTY : 6.8 percent ad valorem.

OTHER : The sample will be returned as requested.

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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