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NY F86609




May 8, 2000

CLA-2-95:RR:NC:2:224 F86609

CATEGORY: CLASSIFICATION

TARIFF NO.: 9503.49.0025

Michael K. Tomenga
Neville, Peterson & Williams
1233 20th Street, N.W.
Suite 500
Washington, D.C. 20036

RE: The tariff classification of four filled toys representing insects and animals from China.

Dear Mr. Tomenga:

In your letter dated April 28, 2000, you requested a tariff classification ruling, on behalf of Simon Marketing, Inc., your client.

You are requesting the tariff classification on four toys that are constructed of textile shells and filled with polyethylene pellets and polyester fiber. The four toys represent two different types of insects (a bumblebee and a butterfly) and two different animals (a cat and an orangutan). Each of the four toys is filled with plastic pellets in the center portion, while the remaining portions (limbs, wings etc.) of each toy are filled with polyester fiber. The toys are comical, whimsical representations of a bumblebee, a butterfly, a cat and an orangutan and as such are properly classified as other toys representing animals or non-human creatures. The samples will be returned, as requested.

The applicable subheading for the four filled toys (bumblebee, butterfly, cat and orangutan) will be 9503.49.0025, Harmonized Tariff Schedule of the United States (HTS), which provides for “Toys representing animals or non-human creaturesand parts and accessories thereof: OtherToys.” 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.

Sincerely,

Robert B. Swierupski
Director,

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