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January 29, 1999

CLA-2-95:RR:NC:SP:225 D86571


TARIFF NO.: 9503.90.0045

Mr. Barry E. Powell
Grunfeld, Desiderio, Lebowitz & Silverman LLP 707 Wilshire Blvd. Suite 4900
Los Angeles, CA 90017

RE: The tariff classification of four children’s playhouses from China

Dear Mr. Powell:

In your letter dated January 6, 1999 you requested a tariff classification ruling on behalf of your client PlayHut, Inc.

You have submitted four styles of children’s textile playhouse structures. The four styles are patterned after their commercial names, which are the “Big Blue Truck,” “Ice Cream Truck,” “Jeep” and “Taxi”. The playhouses are composed of 100% nylon woven fabric that is supported by a metal framework system. Each structure “pops up” into shape forming a playhouse with side panels and a roof but no floor. There are several wide openings which permit a child to crawl or peer through. Mesh is used to simulate windows and textile flaps or detachable doors may be found on the units. The metal framework system folds up for easy storage into a matching nylon bag exclusively designed to hold the individual playhouse in its collapsed configuration.

We would agree with your analysis that the item is similar in nature to the “textile play environment” ruled upon in HQ 960123 dated November 3, 1997. The above playhouses do not serve to provide shelter from the elements and are principally designed for the amusement of children. In our opinion, the described items are classifiable as toys of Chapter 95. Your samples are being returned as requested.

The applicable subheading for the “Big Blue Truck,” “Ice Cream Truck,” “Jeep” and “Taxi” will be 9503.90.0045, Harmonized Tariff Schedule of the United States (HTS), which provides for other toys: other: other toys and models. The rate of duty will be free.

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 212-637-7028.


Robert B. Swierupski

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