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NY I82401




June 14, 2002

CLA-2-95:RR:NC:SP:222 I82401

CATEGORY: CLASSIFICATION

TARIFF NO.: 9505.10.2500

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

RE: The tariff classification of a Christmas dressed bear from China.

Dear Mr. Hoffacker:

In your letter dated May 1, 2002, on behalf of your client Big Lots Stores, Inc., you requested a classification ruling.

You have submitted a photograph depicting a Plush Stuffed Christmas Dressed Bear holding a Kid. This product is identified as item number T1016. Both bears are dressed in red and white candy striped clothing with a matching hat. This standing bear holding a kid measures 17-3/4 inches in height. Although the item appears toy-like, it has been determined the bear is not a toy.

The applicable subheading for the Plush Stuffed Christmas Dressed Bear holding a Kid will be 9505.10.2500, Harmonized Tariff Schedule of the United States (HTS), which provides for articles for Christmas festivities and parts and accessories thereof: Christmas ornaments other. 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 Alice Wong at 646-733-3026

Sincerely,

Robert B. Swierupski
Director,

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