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NY F88289




June 26, 2000

CLA-2-95:RR:NC:SP:225 F88289

CATEGORY: CLASSIFICATION

TARIFF NO.: 9503.70.0000

Mr. Eric Seamon
Fritz Companies, Inc.
2250 Spiegel Dr., Suite F
Groveport, OH 43125

RE: The tariff classification of a doll’s diaper bag play set from Hong Kong, China or Macau

Dear Mr. Seamon:

In your letter dated March 21, 2000 you requested a tariff classification ruling on behalf of your client Lee Middleton Dolls.

A sample of the “Diaper Bag,” item #357, was received with your inquiry. The article consists of a doll's diaper bag, doll’s bottle, doll's diaper, an empty baby wipe container and an empty cereal box. It is noted that all the components are designed for use with a 19” baby doll. The bag is made of PVC material and is partially padded with foam on one side. It has an adjustable, webbed fabric, shoulder strap and two zippered compartments. One side panel is completely clear for viewing the inner contents of the bag. The opposite outside panel incorporates three expanding pockets of clear PVC for holding the doll’s bottles and other accessories. The plastic baby wipe container, cardboard cereal box and diaper are fake products proportionately sized for pretend play with one’s baby doll. The plastic bottle is also sized for doll use but may be filled by the child with liquid.

You had indicated in a phone conversation that the components of the “Diaper Bag” would be imported and sold together as a set for retail sale. It is Customs position that, although some of the components might not be accepted as toys if separately imported, when the goods are imported packaged together as a set, the retail product would qualify as a toy put up for children’s amusement.

The applicable subheading for the “Diaper Bag,” item #357, will be 9503.70.0000, Harmonized Tariff Schedule of the United States (HTS), which provides for other toys, put up in sets or outfits, and parts and accessories thereof. The rate of duty will be free.

In addition, we note that the submitted article does not indicate any country of origin marking. For your information, the marking statute, section 304, Tariff Act of 1930, as amended (19 U.S.C. 1304), provides that, unless excepted, every article of foreign origin (or its container) imported into the U.S. shall be marked in a conspicuous place as legibly, indelibly and permanently as the nature of the article (or its container) will permit, in such a manner as to indicate to the ultimate purchaser in the U.S. the English name of the country of origin of the article. Please ensure that these requirements are satisfied.

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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