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May 12, 1999

CLA-2-95:RR:NC:2:224 E81893

CATEGORY: CLASSIFICATION

TARIFF NO.: 7326.20.0050; 9503.49.0025

Alex Kang
Master Customs Service
11099 S. La Cienega Blvd.
Suite 245
Los Angeles, CA 90045

RE: The tariff classification of a keychain and plastic toys from China.

Dear Mr. Kang:

In your letter dated May 4, 1999, you requested a tariff classification ruling, on behalf of Intelligent Solutions Provider, LLC, your client.

You are requesting the tariff classification on two different types of items. The first item consists of plastic toys representing twelve Pokemon characters. The items are toys meant to be carried in the pocket(s) of the user, presumably children. The second item is a keychain representing the Pikachu character. It is a standard keyring and keychain with the plastic Pikachu character attached. The item is a functional keychain. The samples will be returned, as requested.

The applicable subheading for the twelve character 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.

The applicable subheading for the Pikachu keychain will be 7326.20.0050, Harmonized Tariff Schedule of the United States (HTS), which provides for “Other articles of iron or steel: Articles of iron or steel wire.” The rate of duty will be 3.9 percent ad valorem. You also inquire whether there are any copyright/trademark restrictions on these items. It is the responsibility of the importer to investigate whether these items are registered with the Patent and Trademark Office. The importer may also contact Customs officers at the port where the merchandise will be entered to receive this information.

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 212-637-7015.

Sincerely,

Robert B. Swierupski
Director,

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