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NY H83434




August 2, 2001

CLA-2-95:RR:NC:SP:225 H83434

CATEGORY: CLASSIFICATION

TARIFF NO.: 9503.90.0080

Mr. Edward Lavagnino
E.A.L. Creations, Inc.
P.O. Box 13162
Gainesville, FL 32604

RE: The tariff classification of stuffed toy balls from China

Dear Mr. Lavagnino:

In your letter dated July 5, 2001, received in this office on July 9, 2001, you requested a tariff classification ruling.

Two representative samples were submitted with your inquiry. The articles under consideration include a stuffed football, basketball, soccerball, baseball and hockey puck. Each ball is covered in soft plush material. According to your letter, you intend to import the stuffed balls in varying sizes. The submitted football measures 12 inches long and 7 inches in diameter at its midsection. The basketball measures approximately 3 inches in diameter. In marketing these products, it is your intention to embroider a company’s name on the stuffed balls for use as promotional items. As requested, your samples are being returned.

Your questions regarding the state regulations for toys (which are not under the jurisdiction of U.S. Customs) were addressed in a phone conversation with a member of my staff.

The applicable subheading for the stuffed toy balls will be 9503.90.0080, Harmonized Tariff Schedule of the United States (HTS), which provides for other toys; reduced-size (“scale”) models and similar recreational models, working or not; puzzles of all kinds; parts and accessories thereof: other. The rate of duty will be free.

For your information, we would like to advise you of the country of origin marking requirements for imported goods. 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.

In addition, a copy of the instructions for the District Rulings Program, which outlines the basic requirements for filing a ruling request, is enclosed. It is suggested that you refer to this document prior to submitting future inquiries.

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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