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NY J80813




February 26, 2003

CLA-2-95:RR:NC:2:224 J80813

CATEGORY: CLASSIFICATION

TARIFF NO.: 9503.49.0000

Ms. Rosanna Villa
Prestige Toy Corp
140 Route 17 North
Suite 269
Paramus, NJ 07652

RE: The tariff classification of a toy giraffe toy and a toy dog from China or Thailand.

Dear Ms. Villa:

In your letter dated January 24, 2003, you requested a tariff classification ruling.

You are requesting the tariff classification on two toy animals. The first, style # 4651, is a giraffe that is polyester fabric on the outside and the filling is comprised of polyethylene plastic pellets. The second style, # 4756, is a toy depiction of a dog that is constructed exactly the same as the giraffe toy. Both toys are approximately six inches in height and are referred to as beanbag toys because of the plastic pellets filling in each. The correct classification will be as other toys representing animals in Chapter 95 of the HTS. You have not requested the return of your samples.

The applicable subheading for the two beanbag toys (giraffe and dog), styles 4651 and 4756, will be 9503.49.0000, Harmonized Tariff Schedule of the United States (HTS), which provides for toys representing animals or non-human creaturesand 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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