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NY R02569




September 23, 2005

CLA-2-95:RR:NC:2:224 R02569

CATEGORY: CLASSIFICATION

TARIFF NO.: 9503.41.0000

Ms. Cheryl Santos
CVS Pharmacy
1 CVS Drive
Woonsocket, RI 02895

RE: The tariff classification of a stuffed toy attached to a key ring from China

Dear Ms. Santos:

In your letter dated September 14, 2005, you requested a tariff classification ruling.

You are requesting the tariff classification on an item that is described as a seven inch Plush Heart Keychain, item number 328613. The plush toy has a heart shaped face with embroidered eyes and a mouth. In addition, arms and legs are attached to the heart shaped head. Although the product incorporates a functional key ring, the article’s main purpose is to amuse (note the whimsical appearance). The size of the attached plush toy (7 inches) renders the whole item impractical for use as a key ring. It would be cumbersome to carry in one’s pocket. The proper classification will be in Chapter 95 of the HTS, as a stuffed toy representing a non-human creature. A photocopy of the item was submitted, in lieu of samples.

The applicable subheading for the Plush Heart Toy on a Keychain, item #328613, will be 9503.41.0000, Harmonized Tariff Schedule of the United States (HTS), which provides for toys representing animals or non-human creaturesand 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 646-733-3025.

Sincerely,

Robert B. Swierupski
Director,

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