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February 18, 1999

CLA-2-95:RR:NC:2:224 D88034


TARIFF NO.: 9503.49.0025

Kathy Bartlett
Norvanco Int’l. Inc.
21902 64th Ave. So.
Kent, Washington 98032

RE: The tariff classification of a non-human action figure from China.

Dear Ms. Bartlett:

In your letter dated January 27, 1999, you requested a tariff classification ruling, on behalf of TMP International Inc., your client.

You are requesting the tariff classification on a non-human action figure, item number 11166, called the Hatchet. The Hatchet is part of an action figure assortment identified as “The Ultra Action Figure Assortment”. The main action figure is packaged with various grotesque body parts and two weapons. The main action figure is a hideous non-human creature. All parts of the Hatchet, item 11166, will be classified as 9503.49.0025, since the items, packaged together for retail sale, are considered a GRI 3(b) set with the essential character imparted by the main non-human action figure. The sample will be returned, as requested.

The applicable subheading for the Hatchet action figure assortment will be 9503.49.0025, Harmonized Tariff Schedule of the United States (HTS), which provides for “Toys representing animals or non-human creatures...and parts and accessories thereof: Other...Toys.” 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 Tom McKenna at 212-637-7015.


Robert B. Swierupski

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