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NY M87079





October 3, 2006

CLA-2-63:RR:NC:N3:351 M87079

CATEGORY: CLASSIFICATION

TARIFF NO.: 6307.90.7500

Troy D. Crago
Atico International USA, Inc.
501 South Andrews Avenue
Ft. Lauderdale, FL 33301

RE: The tariff classification of a textile pet toy from China. Correction to Ruling Number M86680

Dear Mr. Crago:

This replaces Ruling Number M86680, dated September 22, 2006, which contained a clerical or typographical error. The wrong tariff classification was given. A complete corrected ruling follows.

In your letter dated September 13, 2006, you requested a tariff classification ruling.

The submitted sample is identified as a “Plush Reindeer Pet Toy” (Item Number A027TA00007). The item measures approximately 13” x 6” x 2½”. You state that it is constructed of a polyester plush exterior with polyester filling. The reindeer “wears” a Santa Claus cap, a green scarf, and “skates” on his hooves. It contains a squeaker that squeaks when squeezed.

The applicable subheading for the plush reindeer pet toy will be 6307.90.7500, Harmonized Tariff Schedule of the United States (HTSUS), which provides for other made up textile articles, pet toys. The rate of duty will be 4.3% ad valorem.

In your letter you suggest classification in subheading 9503.41.0000, HTSUS, which provides for “Toys representing animals or non-human creatures (for example, robots and monsters) and parts and accessories thereof: Stuffed toys and parts and accessories thereof." However, according to Chapter 95, Note 4, Chapter 95 does not cover pet toys; if of textile, they are specifically provided for in heading 6307.

Duty rates are provided for your convenience and are subject to change. The text of the most recent HTSUS and the accompanying duty rates are provided on World Wide Web at http://www.usitc.gov/tata/hts/. The sample has been returned as requested.

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 Mitchel Bayer at 646-733-3102.

Sincerely,

Robert B. Swierupski
Director,

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