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NY B86962




July 22, 1997

CLA-2-95:RR:NC:SP:225 B86962

CATEGORY: CLASSIFICATION

TARIFF NO.: 9502.10.0020; 9503.90.0030

Ms. Ruth Forrester
Fritz Companies, Inc.
4621 LaGuardia Dr., #100
Berkeley, MO 63134

RE: The tariff classification of "stress" toys from China

Dear Ms. Forrester:

In your letter dated June 24, 1997 you requested a tariff classification ruling on behalf of Ariel Premium Supply Inc.

Several samples of "stress" toys were submitted with your inquiry. The products are made of solid foam rubber and come in assorted configurations which include a human figure, an apple, a smile face ball and a star shape. These items, marketed as "stress balls," assert to providing an outlet for stress symptoms through repeated squeezing of the articles. Although the act of squeezing may be interpreted as a form of tension release, the products principal use is for amusement purposes.

The applicable subheading for the "Man Figure Stress Ball" 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 "Smiley Face, Apple and Star Stress Balls" will be 9503.90.0030, Harmonized Tariff Schedule of the United States (HTS), which provides for other toys (except models), not having a spring mechanism. The rate of duty will be free.

In addition, this office notes that, the submitted samples are not marked with the country of origin. For your information, 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. Please ensure that these requirements are satisfied.

This ruling is being issued under the provisions of Part 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,

Gwenn Klein Kirschner
Chief, Special Products Branch

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