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January 21, 1999

CLA-2-49:RR:NC:SP:234 D86638


TARIFF NO.: 9503.49.0025; 4911.99.6000; 4901.10.0040; 4901.99.0092; 9801.00.1097; 4202.92.4500

Ms. Tamee H. MacMillan
Cyrk, Inc.
3 Pond Road
Gloucester, MA 01930

RE: The tariff classification of a “Beanie Baby Kit” from China.

Dear Ms. MacMillan:

In your letter dated January 7, 1999, you requested a tariff classification ruling.

A prototype sample identified as a “Beanie Baby Kit” (Style “TyKit II”) was submitted and is being returned to you as requested. It consists of a number of items which, although put up together for retail sale, do not all serve the same need or activity. For tariff purposes, they will be classified separately.

You state that while the respective items are made in various countries, they will all be co-packed in China for export to the United States as a complete kit, ready for distribution to retail stores. Each item, together with its country of origin (“C/O”), is described below, immediately followed by its applicable subheading, rate of duty and description in the Harmonized Tariff Schedule of the United States (HTS).

> A “Beanie Baby” plush bear toy, about 9 inches in height. C/O: China 9503.49.0025/ Free (Other toys representing animals.)

> A 7 1/4" x 9 1/2" printed paper “certificate” which states that the bearer is a member of “The Beanie Babies Official Club.” Printing method will be lithography. C/O: China 4911.99.6000/ 0.2% (other (non-enumerated) printed matter, printed in whole or in part by a lithographic process.)

> A 5-panel, accordion-folded paper “newsletter” printed with news and related information about the aforementioned club. C/O: China 4901.10.0040/ Free (Printed books, brochures, leaflets and similar printed matter, in single sheets, whether or not folded.)

> A 24-page paper “Checklist” booklet printed with statistics, “birth dates” and other information about the numerous Beanie Babies available to collectors. C/O: China 4901.99.0092/ Free (Other printed books, brochures, leaflets containing 5 or more pages each, but not more than 48 pages each.)

> A set of three paperboard trading cards, each printed with a picture and information about a particular toy in the Beanie Babies series. C/O: USA. 9801.00.1097/ Free (Other (than certain enumerated) products of the United States when returned after having been exported, without having been advanced in value or improved in condition by any process of manufacture or other means while abroad.)

> A printed plastic “Beanie Babies Club” membership card. C/O: USA 9801.00.1097/ Free (as described above).

> A metal Beanie Babies “coin.” C/O: USA. 9801.00.1097/ Free (as described above).

> An 8 1/2" x 11" x 3" zippered PVC carrying case which contains all of the foregoing. C/O: Taiwan. 4202.92.4500/ 20% (Travel, sports and similar bags, with outer surface of sheeting of plastic...other.)

Please note that the “American Goods Returned” classification (9801.00.1097) given above for the U.S.-made components is conditioned upon proper documentation and/or the local Port Director’s satisfaction that the goods are in fact of U.S. origin. Section 10.1 of the Customs Regulations (19 C.F.R. 10.1) is noted.

For entry purposes, the value of the cardboard insert and any other packing materials should be prorated against all of the other components as listed above.

We note that the sample kit is not marked with any country-of-origin references. When imported into the United States, it will be required to be so marked, legibly, in a conspicuous place and in a manner sufficiently permanent to reach the ultimate purchaser. (Example: A label, affixed to the exterior of the case and indicating the respective origins of the various components, would generally suffice in this regard.)

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 Carl Abramowitz at 212-466-5733.


Robert B. Swierupski

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