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NY H86231




December 26, 2001

CLA-2-95:RR:NC:SP:225 H86231

CATEGORY: CLASSIFICATION

TARIFF NO.: 9503.90.0080; 8306.10.0000

Ms. Bonnie M. Jordan
Circle International, Inc.
1619 Diamond Springs Road
Virginia Beach, VA 23455

RE: The tariff classification of wire figures from China.

Dear Ms. Jordan:

In your letter dated December 4, 2001, on behalf of Thoughtworks Limited, you requested a tariff classification ruling.

You submitted the following photographs and samples:

SKU #DT81090, Perseverance, consists of a sculpture depicting a reclining gold plated wire stick figure on a single track who, when a release is activated, literally uses his back to push a foam stress ball up a plastic hill. On one side of the hill is the printed word “Perseverance.” Above it are the words, “Continuous effort is the key to unlocking our potential.” The product may be marketed to relieve stress, however, its principal use is viewed as a toy for amusement purposes.

SKU #DB81098, Dream Believer, consists of a sculpture depicting a gold plated wire stick figure cradled on a rocking wire silver moon that sways back and forth. The words “Dream Believer” are printed on its plastic base. The product may be marketed to relieve stress, however, its principal use is viewed as a toy for amusement purposes.

SKU #TB81062, Thinking Out of the Box, consists of a sculpture depicting a gold plated wire figure, in a thinking pose, sitting on one end of a balance bar outside of a wire box on a plastic base and moving freely. The words “Thinking Out of the Box” are printed on its plastic base. The product may be marketed to relieve stress, however, its principal use is viewed as a toy for amusement purposes.

SKU #TC81068, Together We Can, consists of a sculpture depicting three gold plated wire figures holding up a basin that contains three removable chrome plated steel chime balls imprinted with motivational phrases (“I Think I Can”; “I Know I Can” and “Together We Can”). The sculpture is connected to a plastic base with the words “Together We Can” printed on it. In our opinion, this product does not have amusement value as a toy but is merely a three figure stationary stand with three chrome balls, with the essential character imparted by the three chrome balls. GRI 3 (b) noted.

The applicable subheading for SKU #DT81090, Perseverance, SKU #DB81098, Dream Believer, and SKU #TB81062, Thinking Out of the Box, 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: parts and accessories. The rate of duty will be free and will remain unchanged in the year 2002.

The applicable subheading for SKU #TC81068, Together We Can, will be 8306.10.0000, HTS, which provides for bells, gongs and the like, nonelectric, of base metal. The duty rate will be 5.8 percent ad valorem and remain unchanged in the year 2002.

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 Wong at 646-733-3026.

Sincerely,

Robert B. Swierupski
Director,

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