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NY F88032




June 26, 2000

CLA-2-95:RR:NC:SP:225 F88032

CATEGORY: CLASSIFICATION

TARIFF NO.: 9503.90.0045

Mr. Edward J. Murray
Paris Presents Incorporated
3800 Swanson Court
Gurnee, Illinois 60031-1261

RE: The tariff classification of a puppet wash mitt from China

Dear Mr. Murray:

In your letter dated June 1, 2000, received in this office on June 6, 2000, you requested a tariff classification ruling.

The “Duck Mitten,” sample item number 00-225, was submitted with your inquiry. The item is made of 60% polyester and 40% cotton material. It is designed for use in entertaining a child in the bath. The so-called “mitten” fits over the hand like a full fingered glove. The top of each finger incorporates the head of a duck with a protruding beak and glued-on fabric eyes. A wing-like appendage is sewn along the outer edge on either side of the hand.

It is noted that, although referred to as a “Mitten”, the product is not viewed as such, due to its construction and principle use, which is to amuse young children. Since the item does not qualify as a mitten, it would not fall within the purview of the Chapter 95 Note 1(u) exclusion for “gloves, mittens and mitts” The product is seen as a version of the hand puppet, a well known toy.

The applicable subheading for the “Duck Mitten,” sample item number 00-225, will be 9503.90.0045, Harmonized Tariff Schedule of the United States (HTS), which provides for other toys: other: other toys and models. The rate of duty will be free.

At the present time, articles classified in HTS 9503.90.0045 are not subject to quota restraints or visa requirements.

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 Alice J. Wong at 212-637-7028.

Sincerely,

Robert B. Swierupski
Director,

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