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NY 818675




February 2, 1996

CLA-2-95:RR:NC:FC: 225 818675

CATEGORY: CLASSIFICATION

TARIFF NO.: 9502.10.0020; 9503.70.0030

Mr. William C. Neal
2180 Barlow Road
Hudson, Ohio 44236

RE: The tariff classification of dolls and doll furniture from China

Dear Mr. Neal:

In your letter dated January 17, 1996 you requested a tariff classification ruling.

The plastic toys submitted are designed for use with the "Grand Mansion" or "Little Tikes Place" doll houses. The "Grand Mansion Collectible Family" consists of four doll figures depicting a mother, father, daughter and baby. Each figure measures 14 cm in height or less. The two styles represented, #5523 and #5527, vary in skin tone only.

The "Children's Bedroom Set" (#5500) contains two beds with a fabric sheet cover and a dresser. The "Living Room Set" (#5501) consists of a sofa, coffee table, grandfather clock and fireplace. The "Bedroom Set" (#5525) is composed of a cradle and bed with a textile sheet. Included with the "Dining Room Set" (#5526) are a table and four chairs. The "Kitchen Set" (#5528) contains a stove/sink unit, refrigerator and infant's high chair. The final product is a "Bathroom Set" (#5529) which consists of a toilet, vanity, and tub.

The marking statute, section 304, Tariff Act of 1930, as amended (19 U.S.C. 1304), provides that, unless excepted, every article of foreign origin (or its container) imported into the U.S. shall be marked in a conspicuous place as legibly, indelibly and permanently as the nature of the
article (or its container) will permit, in such a manner as to indicate to the ultimate purchaser in the U.S. the English name of the country of origin of the article.

Section 134.46, Customs Regulations (19 CFR 134.46), requires that in any case in which the words "United States," or "American," the letters "U.S.A.," any variation of such words or letters, or the name of any city or locality in the United States, or the name of any foreign country or locality other than the country or locality in which the article was manufactured or produced, appears on an imported article or its container, there shall appear, legibly and permanently, in close proximity to such words, letters, or name, and in at least a comparable size, the name of the country of origin preceded by "Made in," Product of," or other words of similar meaning.

The samples submitted to this office were found to be not legally marked. The name of the importer and his United States address are located on a side panel of the box with no reference as to country of origin. In addition, the bottom panel is inconspicuously marked "Made in China" due to the presence of other foreign addresses. This office had much difficulty locating and deciphering the country of origin within its printed context.

In order to satisfy the close proximity requirement, the country of origin marking must generally appear on the same side or surface in which the name or locality other than the actual country of origin appears. It should be located directly above, below or next to the foreign or U.S. address and be of the same or larger size print.

The applicable subheading for the "Grand Mansion Collectible Family", item numbers 5523 and 5527 will be 9502.10.0020, Harmonized Tariff Schedule of the United States (HTS), which provides for dolls representing only human beings and parts and accessories thereof: whether or not dressed: other: not over 33 cm in height. The rate of duty will be free.

The applicable subheading for the "Grand Mansion Collectible" dolls' furniture sets, item numbers 5500, 5501, 5525, 5526, 5528 and 5529 will be 9503.70.0030, Harmonized Tariff Schedule of the United States (HTS), which provides for other toys, put up in sets or outfits, and parts and accessories thereof: other: other. The rate of duty will be free.

This ruling is being issued under the provisions of Section 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 Alice J. Wong at 212-466-5538.

Sincerely,

Roger J. Silvestri
Director,

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