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NY J80496




February 4, 2003

CLA-2-95:RR:NC:2:224 J80496

CATEGORY: CLASSIFICATION

TARIFF NO.: 9503.49.0000

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

RE: The tariff classification of three stuffed toy fish with plastic clips from China.

Dear Mr. Tomenga:

In your letter dated January 27, 2003, you requested a tariff classification ruling, on behalf of Creata Promotion USA, Inc., your client.

You are requesting the tariff classification on three stuffed fish with plastic clips. The body of each fish is constructed of a soft textile fabric that is sewn together and stuffed with polyester fibers and polypropylene pellets. A blue plastic clip is attached to each of the three toys by a woven textile cord. The clip allows the user of the article to fasten the toy to a loop, a ring or any other object that may be found on the user’s clothing, backpack or school bag. The three fish are described as follows: Plush Orange Fish with Beige and Black Tiger-Like Stripes (US Wrin No. 08215-018), Plush Yellow Fish with Elongated Snout (US Wrin No. 08215-24) and Plush Yellow Blowfish (US Wrin No. 08215-033). The three items will be classified in Chapter 95 as other toys representing animals. The samples will be returned, as requested by your office.

The applicable subheading for the three stuffed toy fish on plastic clips will be 9503.49.0000, Harmonized Tariff Schedule of the United States (HTS), which provides for toys representing animals or non-human creaturesand 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.

Sincerely,

Robert B. Swierupski
Director,

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