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NY F86607




May 11, 2000

CLA-2-95:RR:NC:2:224 F86607

CATEGORY: CLASSIFICATION

TARIFF NO.: 9503.49.0025

Michael K. Tomenga
Neville, Peterson & Williams
1233 20th Street, N.W.
Suite 500
Washington, D.C. 20036

RE: The tariff classification of five filled toys representing animals from China.

Dear Mr. Tomenga:

In your letter dated April 28, 2000, you requested a tariff classification ruling, on behalf of Simon Marketing, Inc., your client.

You are requesting the tariff classification on five plush toys that are filled with plastic pellets and polyester fiber. There are three bears submitted for examination with this ruling request: a brown bear called Germania, a red, white and blue bear named Spangle and a white polar bear called Chilly. The two other toy animals submitted are called Peanut the royal blue elephant, and Humphrey the camel which is brown in color. All five toys are filled with plastic pellets in their torso portions, while the remainder of each of the five toys is filled with polyester fiber. The outer shell of each toy is constructed of a plush textile material. The samples will be returned, as requested.

The applicable subheading for the five filled toys representing animals 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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