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NY K88947




September 2, 2004
CLA-2-95:RR:NC:2:224 K88947

CATEGORY: CLASSIFICATION

TARIFF NO.: 9503.41.0000

Ms. Lorianne Aldinger
Rite Aid Corporation
P.O. Box 3165
Harrisburg, PA 17011

RE: The tariff classification of Teeny Beanies in Egg Bank from China

Dear Ms. Aldinger:

In your letter received August 17, 2004, you requested a tariff classification ruling.

You submitted descriptive literature and a product sample with your request. The subject merchandise is item #938301, called “Teeny Beanies in Egg Bank”, and will be imported for retail sale. This consists of a plastic egg shaped bank with a miniature teeny beanie animal inside of each. There are 3 types of teeny beanie animals as follows: a bunny, a duck, and a chick. The teeny beanie is visible through the clear plastic of the egg bank.

For classification purposes this item is considered a set put up for retail sale. Noting GRI-3 (b), the component that gives the set the essential character would dictate the classification of the set. The miniature stuffed toys (teeny beanies) would exemplify the essential character. Therefore, the applicable subheading for the “Teeny Beanies in Egg Bank”, item #938301, 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.

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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