CLA-2-95: D13 C86066

Mr. William Maloney
Rode & Qualey
295 Madison Avenue
New York, New York 10017

RE: The tariff classification of assorted teether/rattles, made in China.

Dear Mr. Maloney:

In a letter dated March 16, 1998 you requested a tariff classification ruling on behalf of your client, Gund, Inc.

Five samples, each identified as part of the Grummy Rubs product line, were submitted with your letter.

Article #5705,(Twinky) and #5675,(Lovums) are soft, stuffed clown figures, attached to a soft plastic teether ring. The care and use label on the clowns indicate that these figures are washable and they are stuffed with a polyester fiber.

The applicable subheading for the #5705,(Twinky) and #5675,(Lovums), will be 9502.10.0010, Harmonized Tariff Schedule of the United States (HTS), which provides for Dolls representing only human beings and parts and accessories thereof: Dolls, whether or not dressed; stuffed. The rate of duty is free.

Article #5616(Tinkle Crinkle & Chew), is a soft stuffed caterpillar approximately 6 inches in length, not including the soft plastic teether ring attached. Inside the caterpillar there are beads to rattle and other objects that crunch when squeezed. The item is also washable and has the polyester fiber stuffing.

Item #5699,(Pastel Gummy Rubs)is a soft, stuffed bear, approximately 4 inches in length. This bear is attached to a soft plastic teeter ring and is also stuffed with a polyester fiber. The applicable subheading for the #5616(Tinkle Crinkle & Chew) and #5699,(Pastel Gummy Rubs), will be 9503.41.0010 Harmonized Tariff Schedule of the United States (HTS), which provides for Toys representing animals or non-human creatures...Stuffed toys and parts and accessories thereof: Stuffed toys. The rate of duty is free.

Item #5645,(Mini Pro's Gummy Rubs)is a soft stuffed basketball, approximately 2.5 inches in diameter, attached to a soft plastic teeter ring. The tag on the basketball also indicates it is washable and is stuffed with polyester fiber. The applicable subheading for the #5645,(Mini Pro's Gummy Rubs), will be 9503.90.0045, Harmonized Tariff Schedule of the United States (HTS),which provides for Other toys; reduced-sized ("scale") models and similar recreational models, working or not; puzzles of all kinds, parts and accessories thereof: Other: Other toys and models. The rate of duty is 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.


Sincerely,

Jeffrey R. Walgreen
Port Director
Portland, Maine