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PD F81471

January 25, 2000

CLA-2-95:L:OFO:D22 F81471

CATEGORY: CLASSIFICATION

TARIFF NO.: 9503.49.0025; 9502.10.0060

Ms. Kathy Bartlett
Norvanco International, Inc.
21902 64th Avenue South
Kent, WA 98032

RE: The tariff classification of articulated figures from China Dear Ms. Bartlett:

In your letter dated December 28, 1999, you requested a tariff classification ruling on behalf of your client, TMP International Inc.

Color photo illustrations of four articulated figures were submitted with your request. The figures are a collection of Tim Burtons’s Sleepy Hollow Series I characters. The assortment includes #14400 and #14500 series of character figures.

“Crone,” #14400, is a 6 1/16” female creature figure clothed in a long brown dress with a tattered, veil type garment over the dress. A push and pull tab on the back of the head triggers snakes that pop in and out of the eye socket and mouth. Included in the package are a candle, horned skull, 2 baskets, veil, mortar and pestle.

“Ichabod Crane,” #14400, is a 6½” human male figure clothed in brown pants, vest and topcoat. Included in the package are a non-functioning pistol, satchel, eyeglasses, tools and books.

“Headless Horseman,” #14400, is a 5 1/8” headless human figure dressed in Gothic 19th Century clothing. The figure is attired in brown pants, wide brown belt, long sleeve shirt and cape. The package includes accessories such as non-functioning axe, decapitated heads, skull and Hessian head.

“Headless Horseman on Horse,” #14500, is a 5 13/16” headless human figure dressed in gothic clothing and mounted on a horse. Hidden knee joints allow the horseman to sit or stand. Included in the package are a cape, horse and woods like diorama. The horse stands 8 1/18” high and has a multi-positional head. Accessories also include saddle, stirrups, wood like base and bit/reins.

All the figures articulate to various degrees and are packaged for retail sale in blister packages printed with the name of the figure and the movie title associated with the figure. You should contact your local Customs office to discuss copyright and Intellectual Property Rights requirements regarding your use of Sleepy Hollow character figures.

The applicable subheading for “Crone” will be 9503.49.0025, Harmonized Tariff Schedule of the United States (HTS), which provides for toys representing animals or non-human creatures (for example, robots and monsters) and parts and accessories thereof: other. The rate of duty will be free.

The applicable subheading for “Ichabod Crane,” “Headless Horseman,” and “Headless Horseman on Horse” will be 9502.10.0060, HTS, which provides for dolls representing only human beings and parts and accessories thereof: dolls, whether or not dressed, other. 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.

Sincerely,

Eugenio Garza Jr.
Port Director

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