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NY I80522

April 17, 2002

CLA-2-95:RR:NC:2:224 I80522


TARIFF NO.: 9503.49.0000

Jean Hillan
Innovative Kids
18 Ann Street
Norwalk, CT 06854

RE: The tariff classification of “Pop Up Pals, Mouse’s Christmas Eve” from China,

Dear Ms. Hillan:

In your letter dated April 10, 2002, you requested a tariff classification ruling.

You are requesting the tariff classification on an item that is described as a “Pop Up Pals, Mouse’s Christmas Eve”, item number I-58476-125-3. The product consists of a board book on the front of the package and a plush mouse, and a mini board book, inside the box. When the book on the front is opened, the lid of the box automatically lifts and up pops Mouse. The toy mouse in a box is modeled after the traditional Jack in the box toy. The toy mouse is made from a soft, touchable fabric and is wearing a red Santa hat. The sample will be returned, as requested.

Classification under the Harmonized Tariff Schedule of the United States (HTSUS) is made in accordance with the General Rules of Interpretation (GRIs). The systematic detail of the harmonized system is such that virtually all goods are classified by application of GRI 1, that is, according to the terms of the headings of the tariff schedule and any relative section or chapter notes. In the event that the goods cannot be classified solely on the basis of GRI 1, and if the headings and legal notes do not otherwise require, the remaining GRIs may be applied.

The imported merchandise consists of a book attached to the front of a box, and a pop up plush mouse with a book on a satin ribbon inside the box. The product is considered a composite good. When the essential character of a composite good can be determined, the whole item is classified as if it consisted only of the part that imparts the essential character to the composite good. In the instant case, it has been determined that the toy mouse imparts the essential character to the good. The merchandise will be classified in Chapter 95 of the HTSUSA as a toy representing an animal.

The applicable subheading for the “Pop Up Pals, Mouse’s Christmas Eve”, item I-58476-125-3, will be 9503.49.0000, 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: 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 Tom McKenna at 646-733-3025.


Robert B. Swierupski

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