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May 14, 1999

CLA-2-95:RR:NC:2:224 E81462


TARIFF NO.: 6913.10.5000; 9503.41.0010

William J. Maloney
Rode & Qualey
Attorneys At Law
295 Madison Avenue
New York, N.Y. 10017

RE: The tariff classification of a stuffed toy bear in a teacup from China.

Dear Mr. Maloney:

In your letter dated April 28, 1999, you requested a tariff classification ruling, on behalf of Gund, Inc., your client.

You are requesting the tariff classification on an item which is a stuffed toy bear standing in a teacup. There are nine item numbers representing cups with nine different sayings and nine different styles of bears which are color coordinated to the cups. The toy and the teacup are both miniatures, and are two separate items which are not attached in any way. This office does not consider this item to be a set, since the toy bear and the teacup do not fulfill the same need for the consumer: the bear serves as a toy while the teacup, though ornamental in nature, may serve as a utilitarian cup. The bear is classifiable as a stuffed toy for obvious reasons, while the teacup is classifiable as an ornamental ceramic article because its usefulness is subordinate to its ornamental character. The teacup does not qualify as a festive article because in the case of items 14779, 14780 and 14781 the sayings on the cups are not accepted symbols of Valentine’s Day, and in the case of items 14782, 14783 and 14784 the cups are not constructed in a manner which dedicates their use exclusively for the designated holiday of Christmas. Item numbers 14776, 14777 and 14778 were not presented as festive articles in the ruling request. Samples will be returned, as requested. The applicable subheading for the stuffed toy bear will be 9503.41.0010, Harmonized Tariff Schedule of the United States (HTS), which provides for “Toys representing animals or non-human creatures...and parts and accessories thereof: Stuffed toys and parts and accessories thereof...Stuffed toys.” The rate of duty will be free.

The applicable subheading for the miniature teacup will be 6913.10.5000, Harmonized Tariff Schedule of the United States (HTS), which provides for “Other ornamental ceramic articles of porcelain.” 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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