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NY D80602




August 6, 1998

CLA-2-95:D:C:DO3 D80602

CATEGORY: CLASSIFICATION

TARIFF NO.: 9502.10.0060; 9503.70.0000

Ms. Kathy Bartlett
Norvanco International Inc.
21902 64th Avenue South
Kent, Washington 98032

RE: The tariff classification of toy assortments identified as "The Kiss Psycho Circus" manufactured in China

Dear Ms. Bartlett:

In your letter dated July 24, 1998, you requested a tariff classification ruling on behalf of TMP International Inc., 15155 Fogg Street, Plymouth, MI 48170.

You provided a sample of each of the following sets:

Item# 50111-Gene Simmons with Ringmaster:

Ring Master is a full-figured 6 inch doll dressed in maroon pants and a vest with a long-tail top coat. The figure wears a grey high top hat and black boots. He is designed to carry a staff and a yellow megaphone that will hang from his belt. Gene Simmons is in the appearance of a creature that will carry a monster's neck and head, a projectile and an axe. Gene Simmons is 7 inches tall, wears black pants studded with silver barbs, and has wings protruding from its back as well as from each leg. The "boots" appear to be leg coverings with long claws hanging over a raised platform sole. The monster attaches to the creature's hand and acts as the firing mechanism for the projectile. The axe is held in the creature's free hand. Gene Simmons has long black textile hair. The staff, megaphone, monster, projectile and axe are included in the set.

Item# 50114-Peter Criss with Animal Wrangler:

Peter Criss is a crouched 5 1/2 inch appearance of a creature wearing black pants, no shirt, a cape, various green ornamentation, and is designed to carry a dagger and a lance. The creature has a white painted face and an open fanged mouth. The feet are animal-like with exaggerated long claws. The head has long black textile hair. The Animal Wrangler is a 5 1/2 inch full-figured human wearing green pants and a black muscle shirt and is designed to hold a whip. A black panther, whip, dagger and lance are included with the set.

Item# 50113-Paul Stanley with Jester:

Paul Stanley is a 7 inch doll dressed in black pants, purple high-top boots, arm guards, skull knee and shoulder ornaments and vest. A sword will hang from the waist and a weapon will attach on the back between the shoulders. The face is painted white with black and red markings. His head has long black textile hair. The Jester is a 4 1/2 inch fat clown dressed in a purple clown costume and wearing a clown hat and large clown shoes. The grotesquely decorated clown face and the hands are painted white. Included with the set is a white poodle with grey highlights and red spots, a blue/yellow ball set, a sword and scabbard, and Paul Stanley's weapon.

Item# 50112-Ace Frehley with Stiltman:

Ace Frehley is a full-figured 6 3/4 inch doll dressed in a black form-fitting uniform. On each arm are lance projecting weapons and additional weapons on knee-top boots. The face is painted white with black and grey patterns. The head has long black textile hair. Stilt Man is a 5 3/4 inch full-figured human wearing grey clothing, a ground circle ring and two lances. The figure's forearms and legs are covered with silver colored wrappings. A hood covers most of the face and a long wrapped lock of hair hangs to the calf. The figure stands in the ground ring and the lances fit into slots on the ring. Included in the set are two lances, two projectiles, and the ground ring.

All of the dolls and creatures are plastic figures articulated at the wrist, neck, arms and hips. The "sets" will be imported packaged for retail sale in blister packages. Each package will highlight the name of the set with the additional wording "KISS" and "PSYCHO CIRCUS."

The applicable subheading for Item# 50111 and Item# 50114 is 9503.70.0000, Harmonized Tariff Schedule of the United States (HTS), which provides for Other toys; Other toys, put up in sets or outfits. This classification is free of duty.

The applicable subheading for Item# 50113 and Item# 50112 will be 9502.10.0060, Harmonized Tariff Schedule of the United States (HTS), which provides for dolls representing only human beings and parts and accessories thereof: Dolls, whether or not dressed, Other. This classification is free of duty.

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

Sincerely,

David F. Greenleaf
Port Director,

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