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NY G80768




September 18, 2000

CLA-2-95:RR:NC:SP:225 G80768

CATEGORY: CLASSIFICATION

TARIFF NO.: 9502.10.0060; 9503.50.0020

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

RE: The tariff classification of dolls and a musical toy radio from China

Dear Mr. Tomenga:

In your letter dated August 17, 2000, received in this office on August 22, 2000, you requested a tariff classification ruling on behalf of your client Simon Marketing, Inc.

Five products were submitted for our examination. The first item is a 4 ½” molded plastic doll depicted as wearing a long ballroom gown. The item is identified as Wrin No. 02425-012A and referred to as “Doll in a Ball Gown Holding a Gift Box.” Her facial features, long brown hair and clothing have been painted on. She wears an aqua-marine colored gown and a fake pearl necklace. The figure holds a simulated gift-wrapped present in her hands. When a lever behind her head is pressed, her hands rise, as if to give away the gift. The lever also activates a musical chip that plays a “Happy Birthday” tune.

The second article is a 4 ½” molded plastic doll called a “Doll in Red and Black Uniform Holding a Tray,” Wrin No. 02425-012B. The figure has long fibrous hair that is tied back in a ponytail. She is portrayed in a work uniform of black pants and a red top and hat. The doll rotates at the waist and right shoulder and her left arm swivels above the elbow. She carries a tray of simulated food in her left hand. The doll comes with a stand that incorporates an imitation cash register.

The third item is a 4 ½” female figure portrayed as a “Caucasian Doll Popping out of a Birthday Cake,” Wrin No. 02425-012C. The doll’s legs are hidden, when she is placed inside the top of the plastic birthday cake with which she is packaged. The figure is molded in a pirouette position with rotating arms and head. She has long fibrous blond hair tied up high in a ponytail. The birthday cake in which she stands has a free-rolling wheel underneath. When the cake is pushed on a flat surface, the wheel mechanism also gyrates the doll standing in the cake and causes a heart decoration on the cake to change colors.

The fourth doll is described as a 4 ½ inch “African-American Doll Popping Out of a Birthday Cake,” Wrin No. 02425-075C. She is designed in similar fashion to the previously described doll popping out of a cake.

The last article is called a “Green Radio,” Wrin No. 02425-012D. The item is intended to resemble a miniature portable radio/cassette player. It measures 3” long by 1 ½” wide by 1 ½” high. The imitation “radio” plays a brief pre-recorded tune when a button on the unit is pressed.

Your samples are being returned as requested.

The applicable subheading for the four dolls identified by Wrin No.’s 02425-012A, -012B, -012C and 02425-075C, will be 9502.10.0060, Harmonized Tariff Schedule of the United States (HTS), which provides for dolls representing only human beings and parts and accessories thereof: whether or not dressed: other. The rate of duty will be free.

The applicable subheading for the “Green Radio,” Wrin No. 02425-012D, will be 9503.50.0020, Harmonized Tariff Schedule of the United States (HTS), which provides for toy musical instruments and apparatus. 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 Alice J. Wong at 212-637-7028.

Sincerely,

Robert B. Swierupski
Director,

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