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NY D84755




December 9, 1998

CLA-2-95:RR:NC:2:224 D84755

CATEGORY: CLASSIFICATION

TARIFF NO.: 9503.49.0025

Robin A. Huff
Team Fanok, Inc.
701 Penhorn Avenue
Secaucus, NJ 07094

RE: The tariff classification of an angel bear toy from China.

Dear Mr. Huff:

In your letter dated November 14, 1998, you requested a tariff classification ruling, on behalf of Tristar Products, your client.

You are requesting the tariff classification on a plush animal toy. The toy represents a white bear with a permanently attached pair of gold wings and a gold halo. The bear is in a kneeling position with folded front paws. The body cavity of the bear contains a battery operated mechanism. The mechanism displaces more stuffing than the amount of stuffing contained in the rest of the toy, therefore the toy is not considered stuffed for tariff purposes. The sample will be returned, as requested.

The applicable subheading for the angel bear toy will be 9503.49.0025, Harmonized Tariff Schedule of the United States (HTS), which provides for "Toys representing animals or non-human creatures...and parts and accessories thereof: Other...Toys." 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 Tom McKenna at 212-466-5475.

Sincerely,

Robert B. Swierupski
Director,

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