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NY A87303



September 06, 1996

CLA-2-95:RR:NC:FC:224 A87303

CATEGORY: CLASSIFICATION

TARIFF NO.: 9503.41.0010

Brian J. O'Shea
McKenna & Cuneo, L.L.P.
1900 K Street, N.W.
Washington, D.C. 20006

RE: The tariff classification of two stuffed penguin-like toys from China.

Dear Mr. O'Shea:

This classification decision under the Harmonized Tariff Schedule of the United States (HTS) is being issued in accordance with the provisions of Part 177 of the Customs Regulations (19 C.F.R. 177).

DATE OF INQUIRY : August 30, 1996

ON BEHALF OF : Simon Marketing, Inc.

DESCRIPTION OF
MERCHANDISE : The articles under consideration are two stuffed penguin-like figures, measuring about 4.5 inches in height. The two figures (both are in a standing position) are identical to each other, except that they are covered with different color fabric, and one creature will be slightly larger than the other. The smaller creature is purple, while the larger creature is predominantly orange. Both creatures are wearing bow ties, and except for the eyes, which are hard plastic, are made of textile materials.

HTS PROVISION : Other toys;...and accessories thereof (con.): Toys representing animals or non-human creatures... and parts and accessories thereof:
Stuffed toys and parts and accessories thereof...Stuffed toys.

HTS SUBHEADING : 9503.41.0010

RATE OF DUTY : Free

A copy of this ruling or the control number indicated above should be provided with the entry documents at the time this merchandise is imported. If you have any questions regarding this ruling, contact National Import Specialist Thomas A. McKenna at 212-466-5475.

Sincerely,

Roger J. Silvestri
Director

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