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NY C86507



May 01, 1998

CLA-2-95:S:T:1:3:D14-C86507

CATEGORY: CLASSIFICATION

TARIFF NO: 9502.10.0010

Mr. David M. Rickert
E. Besler & Company
P. O. Box 66361
Chicago, Illinois 60666-0361

RE: The tariff classification of NDS-Stress Dolls from China

Dear Mr. Rickert:

In your letter dated March 18, 1998, you requested a tariff classification ruling on behalf of your client Ltd. Commodities, Incorporated. You also asked whether these articles are subject to quota. A color brochure covering the subject articles were submitted with your inquiry.

The submitted brochure depicts two (2) full-figured football figures wearing different team uniforms. The accompanying information indicates that they are made of textile material and stuffed with 100% polyester fibre. The arms, legs and heads of the dolls are affixed to the torso by way of "Fabric magic". The brochure states that each figure measures 16 inches in height and contains the legend "Tear them apart limb by limb to relieve stress during the big games" and "16" NFL Stress Dolls Tear Em Up When Your team Falls Apart". A trademark notice is placed next to the phrase "16" NFL Stress Dolls". No other trademark or copyright indicia is shown. One (1) of the figures is depicted in a prone position with a leg and arm removed.

The applicable tariff provision for NDS-Stress Dolls will be 9502.10.0010, Harmonized Tariff Schedule of the United States (HTS), which provides for Dolls, whether or not dressed, Stuffed. The rate of duty will be free.

In addition, please note that importations of the subject merchandise may be subject to the provisions of Part 133 of the Customs Regulations (19 C.F.R. 133), if it copies or simulates a registered Trademark and/or infringes a registered copyrighted work recorded with the Customs Service. For further information on this subject, you may contact your local Customs office prior to importation.

At this time, articles classified in HTS 9502.10.0010 are not subject to quota restraints or visa requirements.

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 should be provided with the entry documents filed at the time this merchandise is imported.

Sincerely,

Irene Jankov
Port Director

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