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NY E86665




September 23, 1999

CLA-2-95:RR:NC:2:224 E86665

CATEGORY: CLASSIFICATION

TARIFF NO.: 9503.49.0025

Robert T. Stack
Tompkins & Davidson, LLP
One Astor Place
1515 Broadway
New York, N.Y. 10036-8901

RE: The tariff classification of a Pokemon gift set from China.

Dear Mr. Stack:

In your letter dated September 3, 1999, you requested a tariff classification ruling, on behalf of Avon Products, Inc., your client.

You are requesting the classification on an item referred to in your ruling request as a Pokemon gift set. The Pokemon key clip gift set, PP 194263, consists of a Pokeball and four Pokemon (short for “pocket monster”) figurines. There are only three toy figurines included with the ruling request. The Pokeball contains an interior post, to which one figurine may be anchored by means of a hole in the bottom of each figurine. The Pokeball opens by means of a button clip. A metal chain with a plastic key clip is attached to each Pokemon figurine. The Pokeball also has a metal chain and plastic key clip attached. The key clip is the type used for attaching the articles to belt loops and backpacks. Since the metal chain of each article is attached to a plastic key clip rather than to a split metal key ring, the issue of toy vs. key ring is not applicable here. The articles are considered toys by virtue of GRI 1, and it is not necessary to proceed further with the GRIs. The samples will be returned, as requested.

The applicable subheading for the Pokeball and four Pokemon figurines will be 9503.49.0025, Harmonized Tariff Schedule of the United States (HTS), which provides for “Toys representing animals or non-human creaturesand parts and accessories thereof: OtherToys.” 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 212-637-7015.

Sincerely,

Robert B. Swierupski
Director,

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