The tariff classification of a stuffed shelf sitter turkey from China.

NY D89664 March 30, 1999 CLA-2-95:RR:NC:2:224 D89664 CATEGORY: Classification TARIFF NO.: 9503.41.0010 Lorianne Aldinger Rite Aid Corp. 30 Hunter Lane Camp Hill, PA 17011 RE: The tariff classification of a stuffed shelf sitter turkey from China. Dear Ms. Aldinger: In your letter dated March 19, 1999, you requested a tariff classification ruling. You are requesting the tariff classification on an item which you refer to as a “Homespun Shelf Sitter Turkey”. The product is Rite Aid item number 990965. The turkey will be adorned in male or female attire. Although it is indicated that this product will be offered during the Thanksgiving holiday selling season, there is no feature on the turkey which limits its use to the Thanksgiving holiday. This office is of the opinion that the turkey shelf sitter is properly classified as a toy, since it is designed in a comical, whimsical manner to bring amusement to both children and adults. Its mere presence will elicit a smile from anyone viewing it whether the turkey is sitting on a shelf or being held. The applicable subheading for the stuffed shelf sitter turkey will be 9503.41.0010, 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...Stuffed toys.” 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 212-637-7015. Sincerely, Robert B. Swierupski Director, National Commodity Specialist Division