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NY F89672




July 20, 2000

CLA-2-95:RR:NC:2:224 F89672

CATEGORY: CLASSIFICATION

TARIFF NO.: 9503.49.0025

Jim Jackson
Frontier Designs, LLC
7657 Winnetka Ave.
Canoga Park, CA 91306

RE: The tariff classification of two bean-filled toys from China.

Dear Mr. Jackson:

In your letter dated June 28, 2000, you requested a tariff classification ruling.

You are requesting the tariff classification on two bean-filled toys: a pony and an elephant version. The elephant is a plush representation of an elephant in a sitting position. The elephant has the word “BINGO” embroidered on its chest portion, along with embroidered letters and numbers below the “BINGO”. The pony, which is made in a prone position, is plush also and has a sewn-on yellow saddle cover that will have the number 4 embroidered or silk-screened on it. The interior of each toy is filled with beans, or plastic pellets, in the torso sections, while the head portion of each toy is filled with textile stuffing. The toys are classified as toys representing animals in Chapter 95 of the HTS.

In regard to the question of the admissibility of importing these two toys, this office assumes that your letter refers to trademark/copyright issues, namely restrictions. This question is not the subject of a standard ruling request, but should be referred to the U.S. Customs Service Office of Regulations and Rulings in Washington, D.C. The phone number is 202-927-2330.

The applicable subheading for the pony and elephant bean-filled toys 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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