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NY L80744




November 15, 2004

CLA-2-95:RR:NC:2:224 L80744

CATEGORY: CLASSIFICATION

TARIFF NO.: 9503.41.0000

Mr. Terrance A. O’Neill
Maersk Customs Services, Inc.
2999 Pacific Commerce Drive
Rancho Dominquez, CA 90221

RE: The tariff classification of a plush monkey toy from China

Dear Mr. O’Neill:

In your letter dated November 3, 2004, you requested a tariff classification ruling, on behalf of American Greetings, your client.

You are requesting the tariff classification on an item that is described as a plush monkey holding a red bag and wearing felt glasses and a pink dress. The designated style number is as follows: UPC661526323020. The monkey may be used to hold a gift card in the miniature red shopping bag, however this function does not outweigh the primary use of the monkey as a source of amusement for both children and adults. Therefore, the product will be classified in Chapter 95 of the HTS, as stuffed toys. The sample will be returned, as requested.

The applicable subheading for the plush monkey toy, style number UPC661526323020, 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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