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NY F82446





February 2, 2000

CLA-2-95:RR:NC:2:224 F82446

CATEGORY: CLASSIFICATION

TARIFF NO.: 9503.41.0010

Judy Coakley
S. Schwab Company
1 Science Park
Frostburg, Maryland 21532

RE: The tariff classification of a stuffed toy bear from China.

Dear Ms. Coakley:

In your letter dated January 26, 2000, you requested a tariff classification ruling.

You are requesting the tariff classification on a five inch stuffed bear that is made in a sitting position. It will contain a rattle in its belly, has stitched eyes and a stitched nose, a ribbon around its neck that is sewn to the bear, and an embroidered logo on one paw. For the purposes of the Harmonized Tariff Schedule of the United States (HTSUS) the item is considered a toy classifiable in Chapter 95 of the HTSUS. Please note that items classified as toys do not have category numbers. The sample will be returned, as requested.

You inquire about the country of origin marking of the toy. The description of the marking as detailed in your ruling request would be acceptable marking for the merchandise that you plan to import.

As this product is designed for a young child, you are advised to contact the Consumer Product Safety Commission, Washington, D.C. 20207-0001 (or your local CPSC office) to determine if the article complies with pertinent safety standard regulations.

The applicable subheading for the stuffed toy bear will be 9503.41.0010, Harmonized Tariff Schedule of the United States (HTS), which provides for “Toys representing animals or non-human creaturesand parts and accessories thereof: Stuffed toys and parts and accessories thereofStuffed 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 212-637-7015.

Sincerely,

Robert B. Swierupski
Director,

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