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NY R00873




October 13, 2004

CLA-2-63:RR:NC:N3:351 R00873

CATEGORY: CLASSIFICATION

TARIFF NO.: 6307.90.9889

Michael Mason
Import Compliance Manager
LTD Commodities LLC
2800 Lakeside Drive
Bannockburn, IL 60015

RE: The tariff classification of plush animal computer screen cleaners from China

Dear Mr. Mason:

In your letter dated September 29, 2004, you requested a tariff classification ruling.

The items in question are described as plush animal computer screen cleaners. They are made of 100 percent polyester fibers and stuffed with polypropylene pellets. You indicate that the cow measures 7” x 6” x 2½”, the pig measures 7¼” x 5” x 2¼”, and the frog measures 7” in diameter x 2¼”.

We note that these items are not classifiable under subheading 9503.41, Harmonized Tariff Schedule of the United States (HTS), which provides for stuffed toys representing animals or non-human creatures. They are not intended to be used as toys and their use to clean would make them too dirty and dusty to be used as toys. Also, the polypropylene pellets make them unsafe for children and thus unusable as toys.

We also note that these items are not classifiable under subheading 6307.10, HTS, which provides for other made up articles, including floorcloths, dishcloths, dusters and similar cleaning cloths. These stuffed animals are, in fact, more than cloths.

The applicable subheading for the plush animal screen cleaners will be 6307.90.9889, HTS, which provides for other made up textile articles, other. The rate of duty will be 7 percent 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 Mitchel Bayer at 646-733-3102.

Sincerely,

Robert B. Swierupski
Director,

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