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NY J81522




March 5, 2003

CLA-2-95:RR:NC:2:224 J81522

CATEGORY: CLASSIFICATION

TARIFF NO.: 9503.41.0000

Ms. Diana J. Murphy
Kerr-Hays Company
R.R. # 2 Barron Road
P.O. Box 711
Ligonier, PA 15658

RE: The tariff classification of a toy reindeer bottle hugger from China.

Dear Ms. Murphy:

In your letter dated February 25, 2003, you requested a tariff classification ruling.

You are requesting the tariff classification on a product that is described as a bottle hugger for a bottle of wine. There is no designated style number for the article. The item is constructed in the manner of a stuffed toy reindeer. The primary purpose of this bottle hugger is for the amusement of adults because it is not a utilitarian item in any way but it has a whimsical, amusing quality. The correct classification of the reindeer wine bottle hugger will be in chapter 95 of the HTS as stuffed toys representing animals. Your suggested classification stated in the ruling request is 9505.10.3000, however this HTS number applies to Nativity scenes and figures thereof. The instant merchandise belongs to a class of toy products known as plush. You have not requested the return of your sample.

The applicable subheading for the reindeer wine bottle hugger will be 9503.41.0000, Harmonized Tariff Schedule of the United States (HTS), which provides for toys representing animals or non-human creaturesand parts and accessories thereof: stuffed toys and parts and accessories thereof. 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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