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NY C86415




May 6, 1998

CLA-2-95:RR:NC:2:224 C86415

CATEGORY: CLASSIFICATION

TARIFF NO.: 9503.41.0010

William J. Maloney
Rode & Qualey
295 Madison Ave.
New York NY 10017

RE: The tariff classification of toys from China.

Dear Mr. Maloney:

In your letter dated April 7, 1998, you requested a tariff classification ruling on behalf of Gund, Inc.

The merchandise consists of a Style 7551 Curious George zipper pull and Styles 2456 and 40114 stuffed bear figures with attached key chains. The Curious George zipper pull is almost five inches in height and is a stuffed three dimensional full figured humorous representation of the popular children's literary character. An elasticized cord attached to the figure's head allows it to be hung from a zipper or other object. This zipper pull differs in construction and appearance from another children's zipper pull of Customs ruling HQ 083538 dated February 12, 1990, which was ruled to be an "other made up article of textile material" classified in subheading 6307.90.9050, Harmonized Tariff Schedule of the United States (HTS). Unlike the instant item, that zipper pull consisted of an animal head only and lacked the humorous and cartoon appearance of the Curious George zipper pull.

The applicable subheading for the Curious George zipper pull will be 9503.41.0010, HTS, which provides for stuffed toys representing animal or non-human creatures...: stuffed toys and parts and accessories thereof. The duty rate will be free.

In reference to the stuffed bear key chain products, an issue related to this class of goods is currently pending before the Customs Headquarters Office of Regulations and Rulings. We will reserve our decision on these products until such time that the tariff classification issue is resolved.

This ruling is being issued under the provisions of Section 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 Tom McKenna at 212-466-5475.

Sincerely,

Robert B. Swierupski
Director,
National Commodity

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