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NY I85611




August 29, 2002

CLA-2-95:RR:NC:SP:225 I85611

CATEGORY: CLASSIFICATION

TARIFF NO.: 9502.10.0060

Mr. Michael K. Tomenga
Neville Peterson LLP
1900 M Street, N.W.
Suite 850
Washington, D.C. 20036

RE: The tariff classification of two action figures from China.

Dear Mr. Tomenga:

In your letter dated August 22, 2002, on behalf of Creata Promotion USA, Inc., you requested a tariff classification ruling.

You submitted the following samples:

Wrin #07807-007, Pirate Figure with Artificial Limbs and Eve and Accessories, consists of a standing plastic toy pirate that measures approximately 4-1/2 inches with red hair, a hooked nose, a double chin and a grin. The pirate has one good eye and one artificial eye made from red translucent plastic. The pirate’s right ear, right arm, and right leg are also artificial. The pirate’s right arm and right leg are molded to simulate prosthetic devices. The artificial arm is made from two pieces of gray plastic, one for the upper and one for the lower arm. The arm is disproportionately large and is attached to the upper arm at the elbow by a hinge, and has a “gripper” instead of a hand. Both arms move 360 degrees at the shoulders. The pirate is dressed in a gray shirt with lacing at the neck, short red trousers with a red belt, a long brown coat, and a triangular matching brown hat. The pirate is accompanied by a hinged red treasure chest with a gold lid.

Wrin #07807-010, Male Figure in a Red and Gray Uniform with a Golden Display Stand, consists of a standing plastic male toy figure dressed in a red long coat military uniform with yellow shoulder tassels, a gray vest and trousers, black boots and a black triangular hat. The figure’s left arm moves 360 degrees at the shoulder, the right arm can be moved to a saluting position. Displayed on its chest, is a plastic hook attached to a textile string that pulls out four inches and snaps back to the chest when released. The figure is accompanied by a round golden stand with two prongs for insertion into the boot soles for display purposes. The top portion of the stand slides open to reveal a ¼ inch magnifying glass.

The applicable subheading for Wrin #07807-007, Pirate Figure with Artificial Limbs and Eve and Accessories, and Wrin #07807-010, Male Figure in a Red and Gray Uniform with a Golden Display Stand, 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: Dolls, whether or not dressedOther.” 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 Wong at 646-733-3026.

Sincerely,

Robert B. Swierupski
Director,

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