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NY C87406

May 21, 1998

CLA-2-44:RR:NC:2:230 C87406


TARIFF NO.: 4420.10.0000; 4421.90.9840; 9503.49.0025

Mr. Ken Lacy
KEL International
1838 El Camino Real #222
Burlingame, CA 94010

RE: The tariff classification of a wooden mobile, a wood bead pacifier holder and a pacifier holder/toy from Germany

Dear Mr. Lacy:

In your letter dated April 30, 1998, on behalf of the importer, Emo-Trans CA Inc., you requested a tariff classification ruling.

The ruling was requested on three items described in general as wooden children's toys. Samples were submitted which will be returned to you as you requested.

Item #10 222 is a wooden mobile consisting of five butterflies painted in various colors. The butterflies are attached to strings which are in turn attached to four wooden spokes and a round center piece with four holes. The mobile is designed to be hung in a child's room as a decoration.

Item #13 160 is a wood bead pacifier holder consisting of a string covered with small round painted wood beads. It has a metal clasp covered with a decorative wood button on one end. On the other end the string extends out in a loop. The item is designed to hold a pacifier on one end and to be clipped onto clothing at the other end.

The "Pacifier Holder/Toy", item #12 129, is a wooden depiction of a non-human figure. The article is constructed out of colored wooden beads strung on an elasticized cord. The beads are arranged to represent a head with antennae, torso, arms and legs. A metal and wooden clasp is attached to the end of an elastic cord that is embedded in the figure's head. This clasp is used to affix the toy to a child's garment enabling independent retrieval of the toy. Although you refer to the product as a "pacifier holder" it is configured in such a toy-like fashion that its use as a toy would predominate over any possible use as a pacifier holder.

The applicable subheading for the wooden mobile, item #10 222, will be 4420.10.0000, Harmonized Tariff Schedule of the United States Annotated (HTSUSA), which provides for statuettes and other ornaments of wood. The rate of duty will be 3.6 percent ad valorem.

The applicable subheading for the wood bead pacifier holder, item #13 160, will be 4421.90.9840, HTSUSA, which provides for other articles of wood. The rate of duty will be 3.7 percent ad valorem.

The applicable subheading for the "Pacifier Holder/Toy", item #12 129, will be 9503.49.0025, HTSUSA, which provides for toys representing animals or non-human creatures; other; toys. The rate of duty will be Free.

The "Pacifier Holders" are clearly designed for young children; therefore, you are advised to contact the Consumer Product Safety Commission, Washington, D.C. 20207-0001 (or your local CPSC office) to determine if the articles comply with pertinent safety standard regulations.

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 Paul Garretto at 212-466-5779.


Robert B. Swierupski

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