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NY 891857

November 22, 1993

CLA-2-95:S:N:N8:225 891857


TARIFF NO.: 9502.10.4000, 9503.90.6000, 7117.90.5000

Mr. Scott Scharton
Thornley & Pitt, Inc.
48 Gold Street
San Francisco, CA 94133

RE: The tariff classification of dolls, toys and imitation jewelry from China

Dear Mr. Scharton:

In your letter dated October 21, 1993, you requested a tariff classification ruling on behalf of your client David Galoob Playthings d/b/a Toymakers.

A sample of the article, identified as "Military Muscle Men", accom- panied your request. The product consists of three miniature action figures, proportionately sized weapons and a medal for the child to wear. The figures and weapons are made of molded plastic. Each figure measures approximately 5 cm in height, is articulated at the head, arms and legs and has painted on features. The medal, made of plastic, is glued to a piece of ribbon that is affixed to a plastic clasp. The badge is designed to be worn by a child and may easily be fastened to a shirt pocket.

The applicable subheading for the military figures will be 9502.10.4000, Harmonized Tariff Schedule of the United States (HTS), which provides for dolls representing only human beings: whether or not dressed: other: not over 33 cm in height. The duty rate will be 12 percent ad valorem.

The applicable subheading for the toy weapons 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 plastic medal will be 7117.90.5000, Harmonized Tariff Schedule of the United States (HTS), which provides for imitation jewelry: other: other: valued over 20 cents per dozen pieces or parts. The duty rate will be 11 percent ad valorem.

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. Section 134.46, Customs Regulations (19 CFR 134.46), requires that in any case in which the words "United States," or "American," the letters "U.S.A.," any variation of such words or letters, or the name of any city or locality in the United States, or the name of any foreign country or locality other than the country or locality in which the article was manufactured or produced, appears on an imported article or its container, there shall appear, legibly and permanently, in close proximity to such words, letters, or name, and in at least a comparable size, the name of the country of origin preceded by "Made in," Product of," or other words of similar meaning. The purpose of this section is to prevent the possibility of misleading or deceiving the ultimate purchaser as to the actual origin of the imported goods. The sample submitted to this office was found to be not legally marked. Please ensure that these requirements will be met.

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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