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NY 883766





April 2, 1993

CLA-2-95:S:N:N8:224 883766

CATEGORY: CLASSIFICATION

TARIFF NO.: 9503.49.0020

Mr. J. W. Hampton, Jr.
J. W. Hampton, Jr. & Co., Inc.
15 Park Row
New York, NY 10038

RE: The tariff classification of toy creatures, item number 9297, from China.

Dear Mr. Hampton:

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 : March 10, 1993

ON BEHALF OF : F. W. Woolworth Co.

DESCRIPTION OF
MERCHANDISE : The three submitted samples are representations of a ghost, a pumpkin and a skeleton, each measuring approximately four inches in height. The items are composed of a plastic housing over which woven textile fabric imprinted with facial features has been glued. The housing contains a battery operated device that is activated by a two position switch located on the base of the item. The device when activated emits a spooky sound and lights up the figure. The three items are considered toy creatures for tariff classification purposes.

HTS PROVISION : Toys representing animals or non-human creatures, other than stuffed, not having a spring mechanism.

HTS SUBHEADING : 9503.49.0020

RATE OF DUTY : 6.8 percent ad valorem

OTHER : The samples will be returned as requested.

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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