NY 893024 - The tariff classification of a doll and bear set from China - United States International Trade Commision Rulings

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NY 893024

December 27, 1993

CLA-2-95:S:N:N8:225 893024

CATEGORY: CLASSIFICATION

TARIFF NO.: 9503.70.8000

Mr. Samuel Zekser
Sobel Shipping Co., Inc.
170 Broadway Suite 1501
New York, N.Y. 10038-4184

RE: The tariff classification of a doll and bear set from China

Dear Mr. Zekser:

In your letter dated December 8, 1993, you requested a tariff class- ification ruling on behalf of your client Uneeda Doll Co., Inc.

The sample accompanying your request is called "Bitty Bear n' Bump- kins". The article consists of a stuffed doll and stuffed bear. The doll is fixed in a permanently seated position and measures 6 inches in height. Her torso, legs and upper arms are stuffed with polyester material. The head and hands are made of vinyl. She wears a removable textile outfit. The bear measures 5 1/2 inches in height and is also in a seated position. They will be imported together packaged for retail sale in an open box.

The applicable subheading for the "Bitty Bear n' Bumpkins" will be 9503.70.8000, 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 duty rate will be 6.8 percent ad valorem.

Section 304 of the Tariff Act of 1930 as ammended, states that all articles entering the commerce of the United States must be marked as permanently and conspicuously as the article will permit. The sample submitted to this office was found to be not legally marked. The regulations state that wherever a U.S. address appears on an imported article or its container, the name of the country of origin preceded by "Made in", shall appear in close proximity and in comparable size
lettering, to such address. Specifically, your item should show "Made in China" in the same size lettering and boldness as Brooklyn, N.Y. or vice versa. Additionally, your country of origin name should be directly above, below or next to the U.S. address.

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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