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NY 854241




CLA-2-63:S:N:N3H:349 854241

CATEGORY: CLASSIFICATION

TARIFF NO.: 6304.91.0040

Ms. Laura Fumagalli
Dakin, Inc.
7000 Marina Blvd.
Brisbane, CA 94005

RE: The tariff classification of a Garfield trophy head from China.

Dear Ms. Fumagalli:

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 : June 29, 1990

DESCRIPTION OF
MERCHANDISE : The Garfield trophy head, style 30-4350, is made of a triangular plastic insert back portion covered by 100 percent polyester knit fabric. A plush stuffed head representing Garfield is attached to this back. The head is manufactured of 100 percent polyester plush fabric and plastic eyes, nose and mouth. Stick-on textile letters are attached to the back forming a message "I'm Available". A button hole is at the top of the back for hanging on a wall.

HTS PROVISION : Other furnishing articles, other, knitted or crocheted, of synthetic fibers.

HTS SUBHEADING : 6304.91.0040

RATE OF DUTY : 11.5 percent ad valorem.

TEXTILE CATEGORY : 666

IMPORT RESTRAINTS/
REQUIREMENTS : Subject to visa and quota restraints based upon international textile trade agreements. The designated textile and apparel category may be subdivided into parts. If so, visa and quota requirements applicable to the subject merchandise may be affected. Since part categories are the result of international bilateral agreements which are subject to frequent renegotiations and changes, to obtain the most current information available, we suggest that you check, close to the time of shipment, the Status Report On Current Import Quotas (Restraint Levels), an internal issuance of the U.S. Customs Service, which is available for inspection at your local Customs office.

OTHER : The sample will be returned as requested.

The Federal Trade Commission requires that the article conform to the rules and regulations under the Textile Fiber Products Identifica-tion Act. This act provides that each textile product shall be labeled. The label must set forth the name of the manufacturer or other person marketing the textile fiber product or the registered identification number assigned by the Federal Trade Commission to such firm. Also, the label is required to show the generic names and percentages of all fibers in the product in the amounts of 5 percent or more in order of predominance by weight. Fibers present to the extent of less than 5 percent should be disclosed as "other fiber" or "other fibers" as the case may be. The label must also show the name of the country where processed or manufactured. All parts of the required information shall be conspicuously and separately set out on the same side of the label in such a manner as to be clearly legible and readily accessible to the prospective purchaser and all parts of the fiber content information shall appear in type or lettering of equal size and conspicuousness.

Further information on marking requirements should be referred to the Associate Director For Enforcement, Federal Trade Commission, Washington, D.C. 20580.

Section 42 of the Act of July 5, 1946 (commonly referred to as the Lanham Act, 60 Stat. 440, 15 U.S.C. 1124) prohibits the importa- tion into the United States of merchandise which shall copy or simulate a registered trademark of any foreign manufacturer or trader who is entitled under the provisions of a treaty, convention, declara-tion, or agreement between the United States and any foreign country to advantages afforded by law to citizens of the United States in respect to trademarks, provided, a copy of such trademark registration is filed with the Secretary of the Treasury and recorded in the manner provided by regulations (19 CFR 133.1 - 133.7). A "counterfeit" trademark is defined as a spurious trademark which is identical with or substantially indistinguishable from a registered trademark (19 CFR 133.23a).

The instant article may be subject to trademark restrictions if imported without authorization of the trademark owner.

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
Area Director

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