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NY K85362





May 7, 2004
CLA-2-39:RR:NC:SP:221 K85362

CATEGORY: CLASSIFICATION

TARIFF NO.: 3926.40.0000

Mr. Peter Weinrauch
Import Commodity Group Ltd.
131 East Merrick Rd.
Valley Stream, NY 11580

RE: The tariff classification of plastic collectible “rocker” figures from China.

Dear Mr. Weinrauch:

In your letter dated April 13, 2004, on behalf of Team Beans, you requested a tariff classification ruling.

The sample provided with your letter is a plastic collectible representing baseball player Mike Sweeney in a Royals’ baseball uniform. While the head and face are crafted to resemble Sweeney, the remainder of the figure is simply round and bears no resemblance to a human body. Arms and feet are painted onto the spherical “body” and the figure “rocks” or wobbles because of the weighted rounded bottom. As you requested, the sample will be returned.

The applicable subheading for the plastic collectible figures will be 3926.40.0000, Harmonized Tariff Schedule of the United States (HTS), which provides for other articles of plasticsstatuettes and other ornamental articles. The rate of duty will be 5.3 percent ad valorem.

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 Joan Mazzola at 646-733-3023.

Sincerely,

Robert B. Swierupski
Director,

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