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NY D80626


July 29, 1998

CLA-2-95:RR:NC:2:224 D80626

CATEGORY: CLASSIFICATION

TARIFF NO.: 9503.49.0025

Kathy Bartlett

Norvanco Int'l. Inc.

21902 64th Ave. So.

Kent, WA 98032

RE: The tariff classification of two non-human action figures from China.

Dear Ms. Bartlett:

In your letter dated July 24, 1998, you requested a tariff classification ruling, on behalf of TMP International Inc., your client.

You are requesting the tariff classification on two non-
human action figures: Item # 11145, The Ogre, and item # 11146, The Horrid. These two items are part of "The Dark Ages Spawn Series", a collection of human and non-human action figures. The Ogre, item 11145 consists of a large non-human creature, a small non-human creature, and a weapon for the main action figure. All three parts of "The Ogre" will be classified as 9503.49.0025, since the items are considered a GRI 3(b) set with the essential character imparted by the large non-human action figure. The Horrid, item 11146 consists of a single non-human action figure which resembles a grotesque dragon. Samples will be returned, as requested.

The applicable subheading for the two non-human action figure toys 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,


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