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NY K83084





February 27, 2004
CLA-2-95:RR:NC:2:224 K83084

CATEGORY: CLASSIFICATION

TARIFF NO.: 9503.41.0000, 7323.99.9060

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

RE: The tariff classification of Stuffed Toy Bears from China

Dear Ms. Aldinger:

In your letter dated February 9, 2004, you requested a tariff classification ruling.

You are requesting the tariff classification on an item that is called “Stuffed Toy Bears”, item # 935294. The item is a white toy bear measuring 7 inches in height that is constructed of polyester fabric with polyester fiber stuffing, a ribbon at the neck and a bow and flower above one ear. The bear will be shipped with a pink wire basket that will be used to display the bears at the retail stores. GRI 1 is applicable and each item (the toy bear and the wire basket) will be separately classified. The sample will be returned, as requested.

The applicable subheading for the toy bear portion of item # 935294 will be 9503.41.0000, Harmonized Tariff Schedule of the United States (HTS), which provides for toys representing animals or non-human creatures...and parts and accessories thereof: stuffed toys and parts and accessories thereof. The rate of duty will be free.

The applicable subheading for the wire basket portion of item # 935294 will be 7323.99.9060, Harmonized Tariff Schedule of the United States (HTS), which provides for table, kitchen or other household articles and parts thereof, of iron or steel;...other...other. The rate of duty will be 3.4 % ad valorem.

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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