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NY H80996

June 5, 2001

CLA-2-95:RR:NC:SP:225 H80996


TARIFF NO.: 9503.90.0000

Ms. Shirley Markey-Wohar
Shelcore Toys
347 Elizabeth Avenue
Somerset, NJ 08873-1101

RE: The tariff classification of stuffed toys from China

Dear Ms. Markey-Wohar:

In your letter dated May 2, 2001, received in this office on May 8, 2001, you requested a tariff classification ruling.

Three samples of soft stuffed toys were submitted for our review. The first item is a “Soft Fishing Pole” that simulates a real fishing pole. The pole measures approximately 10 ½” in length and has a reel, line and a small fabric fish hanging from the end of the line. The fish is stuffed with crinkled paper that produces sounds when handled. The reel has a plastic knob that actually turns and makes clicking noises. On the pole itself is a “try me” button that, when pressed, plays fisherman related sounds or phrases followed by a song. It operates on 2 “AA” size batteries, which are included. The item will be marketed to children 6 months of age and up.

The second item is a “Soft Baseball Bat” intended to represent a real bat and ball set. The bat measures 9 ½” in length and is covered in a brushed tricot material. The bat is stuffed and features a textile-covered baseball with crinkled paper inside. The ball is attached to the bat with a narrow strip of material. There is a “try me” button on the bat’s handle that, when pressed, plays a baseball related sound or phrase followed by a song. The product is designed for children 6 months and up.

The last article is a “Soft Golf Club”. The item depicts a 10” club with a golf ball attached. The club is stuffed and covered in a soft textile material. The ball is stuffed with crinkled paper that makes a crackling noise when handled. It is affixed to the golf club with a narrow strip of fabric. A “try me” button on the club plays golf related sounds or phrases followed by a song. The article will be marketed to children 6 months of age and up. Your samples are being returned as requested.

The applicable subheading for the “Soft Fishing Pole”, “Soft Baseball Bat” and “Soft Golf Club” will be 9503.90.0000, Harmonized Tariff Schedule of the United States (HTS), which provides for other toys; reduced-size (“scale”) models and similar recreational models, working or not; puzzles of all kinds; parts and accessories thereof: other. 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.


Robert B. Swierupski

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