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NY D83463




November 6, 1998

CLA-2-95:RR:NC:SP:225 D83463

CATEGORY: CLASSIFICATION

TARIFF NO.: 9503.90.0045

Mr. Barry E. Powell
Grunfeld, Desiderio, Lebowitz & Silverman LLP 707 Wilshire Blvd. Suite 4900
Los Angeles, CA 90017

RE: The tariff classification of a toy playhouse from China

Dear Mr. Powell:

In your letter dated October 8, 1998 you requested a tariff classification ruling on behalf of your client PlayHut, Inc.

The subject "Fire Engine" is a collapsible play environment for children ages three and up. The product is composed of 100% nylon woven fabric that is supported by a metal framework system. It virtually pops up into shape, forming a playhouse type structure, with side panels and a roof but no floor. A pattern resembling that of a fire engine, including headlights, grill, wheels, etc., is printed on the fabric. An open windshield and mesh windows are located around the unit allowing children to peer out from the inside. A circular piece attaches to the inner panel of the driver's side to simulate a steering wheel. The metal frame folds up for easy storage into a matching nylon bag exclusively designed to hold the "Fire Engine" in its collapsed configuration.

According to your letter, the article will be marketed as a "collapsible children's play cube." We would agree with your analysis that the item is similar in nature to the "textile play environment" ruled upon in HQ 960123 dated November 3, 1997. It does not serve to provide shelter from the elements and is principally designed for the amusement of children. In our opinion, the "Fire Engine" is classifiable as a toy of Chapter 95. Your sample is being returned as requested.

The applicable subheading for the "Fire Engine" 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.

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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