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NY H86251




January 3, 2002

CLA-2-95 :RR:NC:SP:225 H86251

CATEGORY: CLASSIFICATION

TARIFF NO.: 9503.70.0000; 4202.92.3031

Joseph R. Hoffacker
Barthco Trade Consultants
7575 Holstein Ave.
Philadelphia, PA 19153

RE: The tariff classification of Dora the Explorer “Backpack” Belt Pouch with Toy Set from China

Dear Mr. Hoffacker:

In your letter dated December 5, 2001 you requested a classification ruling on behalf of your client K.B. Toys.

Item 37503, Dora the Explorer “Backpack” Belt Pouch with toy set, consists of a 100% polyesters belt pouch in the configuration of Dora the Explorer’s backpack, a dry-cling mat, character clings, word clings, a dry erase marker, and a dry eraser character cloth. The character clings and word clings stick to the dry cling mat, allowing for manipulative creative and educational play. The marker can be used on this same mat to enhance the scenes created. The combination of items is a GRI 1 toy set.

The Belt Pouch, although sold with the set, is not normal or usual packing for the set. It is not an integral part of the set and must be separately classified. The sample is returned as requested.

The applicable subheading for the Cling mat, characters, words marker and eraser will be 9503.70.0000, Harmonized Tariff Schedule of the United States (HTS), which provides for Other toys;: Other toys, put up in sets or outfits, and parts and accessories thereof. The rate of duty will be free. The duty rate remains unchanged in 2002.

The applicable subheading for the Belt Pouch will be 4202.92.3031, Harmonized Tariff Schedule of the United States (HTS), which provides for Travel, sports and similar bags: With outer surface of textile materials: Of man-made fibers: Other. The rate of duty will be 18.3 percent ad valorem. The rate of duty in 2002 will be 18.1 percent ad valorem.

HTSUSA 4202.92.3031 falls within textile category designation 670. Based upon international textile trade agreements products of China are subject to quota and the requirement of a visa.

The designated textile and apparel categories and their quota and visa status are the result of international agreements that are subject to frequent renegotiations and changes. To obtain the most current information, we suggest that you check, close to the time of shipment, the U.S. Customs Service Textile Status Report, an internal issuance of the U.S. Customs Service, which is available at the Customs Web site at www.customs.gov. In addition, the designated textile and apparel categories may be subdivided into parts. If so, visa and quota requirements applicable to the subject merchandise may be affected and should also be verified at the time of shipment.

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 646-733-3026.

Sincerely,

Robert B. Swierupski
Director,

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