CLA-2-95:OT:RR:NC:N4:424

Mr. John Whitson
Costco Wholesale
999 Lake Drive
Issaquah, WA 98027

RE: The tariff classification of “Pillow Chums” from China

Dear Mr. Whitson:

In your letter dated June 29, 2009, you requested a tariff classification ruling.

A sample of a lion “Pillow Chums,” item # 422274, was submitted with your inquiry. The product line will also include representations of an elephant, a giraffe and a tiger. The lion is a stuffed three-dimensional plush animal, with clearly defined head and paws, which can open to become a pillow/cushion. The underside of the lion is constructed with a hook and loop closure that creates a full-figured depiction of a cuddly stuffed lion when the product is in a folded, fastened state. When unfolded each animal measures approximately 30” wide by 22” long. The size, shape, appearance and soft texture of the “Pillow Chums” provide a clear invitation for children to play, snuggle and relax with the item, making it an amusing plaything for a young child. The sample will be returned, as requested.

The applicable subheading for the “Pillow Chums” will be 9503.00.0080, Harmonized Tariff Schedule of the United States (HTSUS), which provides for “Tricycles, scooters, pedal cars and similar wheeled toys…dolls, other toys…puzzles of all kinds; parts and accessories thereof…Other.” The rate of duty will be free.

Duty rates are provided for your convenience and are subject to change. The text of the most recent HTSUS and the accompanying duty rates are provided on World Wide Web at http://www.usitc.gov/tata/hts/.

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 James Forkan at (646) 733-3025.

Sincerely,

Robert B. Swierupski
Director
National Commodity Specialist Division