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NY I85935




September 19, 2002

CLA-2-95:RR:NC:2:224 I85935

CATEGORY: CLASSIFICATION

TARIFF NO.: 9503.49.0000

Ms. Cheryl Santos
CVS/Pharmacy
One CVS Drive
Woonsocket, RI 02895

RE: The tariff classification of “Bobble Bears”, item 100278, from China.

Dear Ms. Santos:

In your letter dated September 9, 2002, you requested a tariff classification ruling.

You are requesting the tariff classification on a product that has been described as “Bobble Bears”, item number 100278. The item consists of various styles of a plastic bear with a spring inside its head. When the bear is moved or touched the head of the bear bobbles. Affixed to the back portion of the bear is a metal clip-on fastener. There will be assorted styles of bears for children to collect. The weight of the bear seems to prohibit the use of the item on backpacks or other personal items. It is the opinion of this office that the “Bobble Bears’ will be classified as toys in Chapter 95 of the HTSUSA because of the overall amusing appearance of the bears and the additional entertainment value provided by the bobbling action of the bears. The samples will be returned, as requested by your office.

The applicable subheading for the “Bobble Bears”, item number 100278, will be 9503.49.0000, Harmonized Tariff Schedule of the United States (HTS), which provides for “Toys representing animals or non-human creatures (for example, robots and monsters) and parts and accessories thereof: 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 Tom McKenna at 646-733-3025.

Sincerely,

Robert B. Swierupski
Director,

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