The tariff classification of two bean toys from China or Thailand.

NY J80886 February 27, 2003 CLA-2-95:RR:NC:SP:225 J80886 CATEGORY: Classification TARIFF NO.: 9503.41.0000; 9503.90.0080 Ms. Rosanna Villa Prestige Toy Corporation 140 Route 17 North, Suite 269 Paramus, NJ 07652 RE: The tariff classification of two bean toys from China or Thailand. Dear Ms. Villa: In your letter dated February 14, 2003, you requested a tariff classification ruling. You submitted two samples Style #3627, Misfit Train, and Style #3979, Snowman, of a “Christmas Bean Toy Assortment.” The Misfit Train is a polyester fiber train stuffed with beans that depicts a red locomotive with a smiling face and beaded eyes that is sewn to a red caboose. The train has green square wheels with a red “X” in the center of each wheel. An attached card indicates that the incorrectly shaped wheels prevents the train from functioning properly, making it a “misfit.” The locomotive has a green and red stack and the caboose has two white windows outlined in green on each side. The entire train measures approximately 5-1/2 inches in height x 4 inches in width x 5 inches in length. The Snowman is also made of polyester fibers and stuffed with beans and depicts a figure with a moustache and goatee wearing a derby decorated with a gold band and feather. The Snowman is dressed in a red, green and white two-button fabric vest and holds a green umbrella in his right hand. The Snowman measures approximately 7 inches in height x 7 inches across (from outstretched hand to outstretched hand) The applicable subheading for Style #3979, Snowman, will be 9503.41.0000, Harmonized Tariff Schedule of the United States (HTS), which provides for “Toys representing animals or non-human creatures (for example, robots and monsters) and parts and accessories thereof: Stuffed toys and parts and accessories thereof.” The rate of duty will be free. The applicable subheading for the Style #3627, Misfit Train, will be 9503.90.0080, HTS, which provides for “Other toys; reduced-size ("scale") models and similar recreational models, working or not; puzzles of all kinds; parts and accessories thereof: Other: Other.” The rate of duty will be free. Currently, articles properly classified in HTS 9503.41.0000 and HTS 9503.90.0080 are not subject to quota restraints or visa requirements. Importations of this product might be subject to the provisions of Section 133 of the Customs Regulations if they copy or simulate a registered trademark, trade name or copyright recorded with the United States Customs Service. If you are an authorized importer of the product we recommend notifying your local Customs office prior to importation. 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 Alice Wong at 646-733-3026. Sincerely, Robert B. Swierupski Director, National Commodity Specialist Division