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NY D81434




September 18, 1998

CLA-2-95:RR:NC:SP:225 D81434

CATEGORY: CLASSIFICATION

TARIFF NO.: 9503.90.0045; 9503.60.2000; 9503.41.0010; 9503.49.0025

Mr. James H. Towndrow, President
Nyvista, Inc.
9305 Buffalo Avenue
Niagara Falls, N.Y. 14304

RE: The tariff classification of vending machine products from China and Spain

Dear Mr. Towndrow:

In your letter dated August 5, 1998, received in this office on August 19, 1998, you requested a tariff classification ruling.

An assortment of novelty items for vending machine distribution were submitted with your inquiry. Each article (with the exception of the puzzle) is encapsuled in a plastic, ball shaped, container. The containers break apart at the center for removal of the inner product. They measure 4 inches in diameter and are partially transparent with a slot for coin insertion. It appears the containers serve a dual function in protecting their contents and for use as a coin bank. However, given its construction and lack of stability, its use as a bank is limited and the containers will be classified with their contents.

The merchandise consists of a full figured plastic tortoise with a bulb and tube attachment. When you squeeze the bulb, air pressure causes the tortoise's hind legs to move back and forth.

The ball shaped puzzle consists of multi-colored, uniquely shaped, pieces which come apart for the user to put back together again. This item is not imported in a plastic container.

The yo-yo features a battery operated light which illuminates the product. The light is activated when the yo-yo is spinning. It will be packaged in a closed box within the plastic container.

The next article is a small stuffed animal which measures approximately 5 inches in height. In order to fit inside the container it must be pushed into a seated position.

The last item is a "self winding" miniature plastic car with pull back action. When the rear wheels of the car are wound it takes off with a burst of speed upon release.

The applicable subheading for the plastic tortoise will be 9503.49.0025, Harmonized Tariff Schedule of the United States (HTS), which provides for toys representing animals or non-human creatures: other: toys. The rate of duty will be free.

The applicable subheading for the ball shaped puzzle will be 9503.60.2000, Harmonized Tariff Schedule of the United States (HTS), which provides for other toys: puzzles and parts and accessories thereof: other. The rate of duty will be free.

The applicable subheading for the light-up yo-yo and "self winding" car will be 9503.90.0045, Harmonized Tariff Schedule of the United States (HTS), which provides for other toys: other: other toys and models. The rate of duty will be free.

The applicable subheading for the stuffed animal will be 9503.41.0010, Harmonized Tariff Schedule of the United States (HTS), which provides for toys representing animals or non-human creatures: stuffed toys. The rate of duty will be free.

For your information, the marking statute, section 304, Tariff Act of 1930, as amended (19 U.S.C. 1304), provides that, unless excepted, every article of foreign origin (or its container) imported into the U.S. shall be marked in a conspicuous place as legibly, indelibly and permanently as the nature of the article (or its container) will permit, in such a manner as to indicate to the ultimate purchaser in the U.S. the English name of the country of origin of the article.

The purpose of this section is to prevent the possibility of misleading or deceiving the ultimate purchaser as to the actual origin of the imported goods. Please ensure that your products reflect the proper country of origin marking 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 indicated above should be provided with the entry documents filed at the time this merchandise is imported. If you have any questions regarding the ruling, contact National Import Specialist Alice J. Wong at 212-466-5538.

Sincerely,

Robert B. Swierupski
Director,

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