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NY A88924



November 27, 1996

CLA-2-95:S:T:1:3:D14-A88924

CATEGORY: CLASSIFICATION

TARIFF NO: 9503.90.0030

Mr. Scott E. Rosenow
Stein, Shostak, Shostak & O'Hara
1620 L Street, N. W., Suite 807
Washington, D.C. 20036-5605

RE: The tariff classification of Bean Bag "Sylvester The Cat" from China

Dear Mr. Rosenow:

In your letter dated October 28, 1996, you requested a tariff classification ruling on behalf of your client Play-By-Play Toys & Novelties, Inc. A representative sample of the subject article was submitted with your inquiry.

The submitted sample is a "bean bag" article which is shaped and designed to represent the face of "Sylvester the Cat." It does not have a torso. It is filled with synthetic "beans" and weighs approximately 4 ounces. The face is approximately 5 1/2 inches wide and approximately 5 inches high. The upper portion of the face is predominantly black in color, as is the back of the head. The lower portion of the face is white. The eyes are white, the nose is red and the mouth is outlined in black.

The applicable tariff provision for this "bean bag" article 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, Other. The rate of duty will be free.

This ruling is being issued under the provisions of Part 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 such documents have been filed without a copy, this ruling should be brought to the attention of the Customs officer handling the transaction.

Sincerely,

Audrey Adams
Port Director

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