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NY 883772




April 9, 1993

CLA-2-95:S:N:N8:225 883772

CATEGORY: CLASSIFICATION

TARIFF NO.: 9502.10.4000, 9503.49.0020

Mr. Ron Sias
J.W. Hampton, Jr. & Co., Inc.
15 Park Row
New York, N.Y. 10038

RE: The tariff classification of a bendable witch and toy creatures from China

Dear Mr. Sias:

In your letter dated March 8, 1993, you requested a tariff class- ification ruling on behalf of your client F.W. Woolworth Co.

Three samples were submitted with your inquiry. The articles belong to an assortment of plastic bendable figures identified by item number 9366/69. All the figures measure approximately 4 inches in height and have painted on features. The witch has orange hair and hands. Her face and legs are green and she wears a black dress with a black hat. The next figure is an anthropomorphic pumpkin. The pumpkin is orange with black arms and legs. The last item, "Frankenstein", has a green face and hands, purple shirt, black pants and black shoes. The top of his head is flat and bolts protrude out from his neck. Your samples are being returned as requested.

The applicable subheading for the bendable witch will be 9502.10.4000, Harmonized Tariff Schedule of the United States (HTS), which provides for dolls representing only human beings: whether or not dressed: other: not over 33 cm in height. The duty rate will be 12 percent ad valorem.

The applicable subheading for the bendable pumpkin and Frankenstein will be 9503.49.0020, Harmonized Tariff Schedule of the United States (HTS), which provides for toys representing animals or non-human creatures: other: not having a spring mechanism: other. The duty rate will be 6.8 percent ad valorem.

This ruling is being issued under the provisions of Section 177 of the Customs Regulations (19 C.F.R. 177).

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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