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NY 892514



December 1, 1993

CLA-2-95:S:N:N8:224 892514

CATEGORY: CLASSIFICATION

TARIFF NO.: 3924.10.5000; 4202.92.3020; 4202.92.3030; 9503.41.1000;

Barbara J. Wysko
Tower Group International, Inc.
West Service Road
Champlain, NY 12919-0218

RE: The tariff classification of various novelty items from China.

Dear Ms. Wysko:

In your letters dated November 1 and 16, 1993, you requested a tariff classification ruling on behalf of Creations Dina, Inc.

One sample submitted with your inquiry is identified as a Tiny Tots Pet Pals Infant Nurser, style No.1588. The article consists of a plush toy animal packed with an 8 ounce plastic baby bottle. The toy has a compartment within which the bottle may be placed, aiding the baby in holding the bottle while maintaining bottle temperature.

The two components of the Tiny Tots Pet Pals Infant Nurser, style No. 1588, are classified separately. The applicable subheading for the toy animal component will be 9503.41.1000, Harmonized Tariff Schedule of the United States (HTS), which provides for stuffed toys representing animals or non-human creatures. The rate of duty will be 6.8 percent ad valorem.

The plastic baby bottle is separately classified in subheading 3924.10.5000, HTS, which provides for tableware, kitchenware, other household articles and toilet articles, of plastics: other. The rate of duty will be 3.4 percent ad valorem.

A second sample is a child's novelty backpack, style No.444, manufactured of man-made textile materials. The pack has a plush head, arms and legs simulating a toy dinosaur sewn to the pack body.

The plush animal backpack, style No.444, is classifiable in subheading 4202.92.3020, HTS, which provides for travel, sports and similar bags, with outer surface of textile materials, other, of man-made fibers: backpacks. The rate of duty will be 20 percent ad valorem.

A third sample, style No.445, consists of a novelty duffel bag with carrying straps, made of man-made textile materials. One end of the article has a plush toy depiction of a creature's face.

The applicable subheading for the plush animal duffel bag, style No. 445, will be 4202.92.3030, HTS, which provides for travel, sports and similar bags, with outer surface of textile materials, other, of man-made fibers, other. The duty rate will be 20 percent ad valorem.

Articles clasifiable under 4202.92.3020 and 4202.92.3030, HTS, fall within textile category designation 670. Based upon international textile trade agreements, products of China are subject to visa requirements and quota restraints.

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, we suggest that you check, close to the time of shipment, the Status Report On Current Import Quota (Restraint Levels), an internal issuance of the U.S. Customs Service, which is available for inspection at your local Customs office.

Your letter also describes an article called a Baby Gift Pack, style No.1589. No sample was received meeting this description and we cannot rule on its classification at this time. We suggest you submit a separate ruling request for this article, together with a sample.

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
Area Director

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