NY 0863533 - The tariff classification of a toy car from China - United States International Trade Commision Rulings

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NY 863533

June 14, 1991

CLA-2-95:S:N:N3D:225-863533

CATEGORY: CLASSIFICATION

TARIFF NO.: 9503.90.6000

Mr. Allan H. Kamnitz
Sharretts, Paley, Carter & Blauvelt, P.C. Sixty-seven Broad Street
New York, N.Y. 10004

RE: The tariff classification of a toy car from China

Dear Mr. Kamnitz:

This classification decision under the Harmonized Tariff Schedule of the United States (HTS) is being issued in accordance with the provisions of Section 177 of the Customs Regulations (19 C.F.R. 177).

DATE OF INQUIRY : May 21, 1991

ON BEHALF OF : The Ertl Company

DESCRIPTION OF
MERCHANDISE : Stock number 7490DO is a toy car from the "American Muscle Cars" series. It is described as a replica of a 1957 Chevrolet Bel Air
Convertible automobile. The car is made of die-cast metal, plastic components and rubber tires. The hood and doors open and close.

HTS PROVISION : Other toys (except models), not having a spring mechanism

HTS SUBHEADING : 9503.90.6000

RATE OF DUTY : 6.8 percent ad valorem

MARKING : Section 304 of the Tariff Act of 1930 as amended, states that all articles entering the commerce of the
United States must be marked with the country of origin as permanently and conspicuously as the article will permit. The sample submitted to this office was found to be not legally marked. The word American in
"American Muscle" is displayed in numerous places on the box, whereas,
"Made in China" is printed only once on the bottom of the box. The country of origin name must be in close proximity to every reference to any geographic location. It should be directly above, below or next to the geographic reference.

OTHER : The sample will be returned as requested.

A copy of this ruling letter should be attached to the entry documents filed at the time this merchandise is imported. If the documents have been filed without a copy, this ruling should be brought to the attention of the Customs officer handling the transaction.

Sincerely,

Jean F. Maguire

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