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May 7, 1999

CLA-2-95:RR:NC:2:224 E81062


TARIFF NO.: 9503.41.0010

Virginia McEleney
Barinco International Corp.
5777 West Century Blvd, #990
Los Angeles CA 90045

RE: The tariff classification of a toy animal from China.

Dear Ms. McEleney:

In your letter of April 15, 1999, you requested a tariff classification ruling on behalf of DGE Corporation.

The merchandise consists of a soft stuffed toy depiction of a creature measuring about 24 centimeters in height. The textile shell or “skin” is almost all yellow in color with red bulbous lips and a small nose and orange paws with three orange stripes across the back of the figure. The toy has a red fibrous tuft of hair, black plastic eyes and a tail. No marketing or descriptive literature indicating, among other things, the name or use of this sample article has been submitted with the sample. The sample will be returned at your request.

The applicable subheading for the toy animal will be 9503.41.0010, Harmonized Tariff Schedule of the United States (HTSUS), which provides for stuffed toys representing animals or non-human creatures. The duty rate will be free.

You also inquire whether the sample toy is in violation of any trademark recorded with the United States Customs Service. Without knowing the mark(s) or name(s) used in association with this toy article, Customs is unable to determine and cannot issue a ruling on whether the use of the mark or identity constitutes an infringing or counterfeit use of any legitimate trademark(s) registered with the United States Patent and Trademark Office and recorded with Customs for protection against infringing importations. If you believe there is the possibility that the mark(s), name(s), image(s) or packaging of your article may be interpreted as substantially indistinguishable from, confusingly similar to or infringing of the marks of existing articles you should investigate whether these marks are registered with the Patent and Trademark Office or contact Customs officers at the port where you intend to enter this merchandise.

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 Director, National Commodity Specialist Division

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