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NY I86238




September 27, 2002

CLA-2-95:RR:NC:2:224 I86238

CATEGORY: CLASSIFICATION

TARIFF NO.: 9503.49.0000

Ms. Lorianne Aldinger
Rite Aid Corporation
P.O. Box 3165
Harrisburg, PA 17105

RE: The tariff classification of a “Polyresin Chick Figurine” from China.

Dear Ms. Aldinger:

In your letter dated September 16, 2002, you requested a tariff classification ruling.

The merchandise that has been submitted is described as a “Polyresin Chick Figurine”, item number 930029. This is a novelty toy assortment of six styles. The toy is a depiction of a chick with legs and shoes, half emerged from its egg. Each toy figure has a rounded, egg-shaped body that is half covered in polyester feathers. The chick has black eyes, an orange beak and it is cradled in a half shell base with legs and human looking feet in shoes or stockings. The composition of the article is 40 % polyresin material, 40 % stone powder and 20 % polyester. Because of its very amusing appearance the chick will be classified in chapter 95 of the HTSUSA as a toy representing animals, for an older child or an adult.

The applicable subheading for the “Polyresin Chick Figurine” toy, item number 930029, 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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