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NY H82668

June 29, 2001

CLA-2-95:RR:NC:2:224 H82668


TARIFF NO.: 9503.41.0000

Alice Liu
Atico Int’l USA, Inc.
501 South Andrews Ave.
Ft. Lauderdale, FL 33301

RE: The tariff classification of two plush toys, item #C78J0231 and item #C78J0361 from China.

Dear Ms. Liu:

In your letter dated June 13, 2001, you requested a tariff classification ruling.

You are requesting the tariff classification on two items. The first item, that is labeled item #C78J0231, is a four inch Valentine chenille plush toy in a metal basket. The second item is identified as item #C78J0361, a Valentine plush bear toy holding a heart-shaped sequin box. Both of the plush toy bears are stuffed with textile material. The samples will be returned, as requested.

Both of the items that are under consideration for tariff classifications would be considered composite goods, therefore, GRI 3 (b) is the appropriate General Rule of Interpretation that must be employed when classifying this merchandise. GRI 3 (b) relies on the principle of essential character to classify merchandise. The essential character of each of the items under consideration is imparted to each item by the toy portion of the product. Both item numbers C78J0231 and C78J0361 will be classified as toys in chapter 95 of the HTS.

The applicable subheading for the plush toy in a basket, item #C78J0231 and a plush toy holding a box, item #C78J0361 will be 9503.41.0000, Harmonized Tariff Schedule of the United States (HTS), which provides for “Toys representing animals or non-human creatures (for example, robots and monsters) and parts and accessories thereof: Stuffed toys and parts and accessories thereof.” 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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