The tariff classification of a plush toy bouquet from China

N215819 May 10, 2012 CLA-2-63:OT:RR:NC:N3:351 CATEGORY: Classification TARIFF NO.: 6307.90.9889 Ms. Lourdes M. Bathard Paul M. Voight, CHB P.O. Box 21601 Fort Lauderdale, FL 33335 RE: The tariff classification of a plush toy bouquet from China Dear Ms. Bathard: In your letter dated, April 19, 2012, you requested a tariff classification ruling on behalf of your client, Willardita Incorporated of Sunny Isles, Florida. The original request, dated March 23, 2012, was returned to your client for a sample and further information, which you have now supplied on their behalf. You have submitted a sample and pictures of items you call plush toy bouquets. The bouquets are made up with various types of stuffed animals. The submitted sample includes seven stuffed textile tigers each measuring approximately 3”- 4”. The tigers are attached to metal wires looped through the heads. The metal wires are twisted together at the base. The tigers are wrapped in polyester fabric and tied at the base with narrow metallic fabric. Plastic simulated pearls and bows are glued to the fabric around the outside of the bouquet. The stuffed animals are for decorative purposes and are not intended to be played with. The applicable subheading for the plush toy bouquets will be 6307.90.9889, Harmonized Tariff Schedule of the United States (HTSUS), which provides for other made up textile articles, other. The rate of duty will be 7% ad valorem. You state that the bouquets are made for special occasions and holidays. However, the examples depicted in the submitted pictures are all similar to the sample and do not have recognized festive motifs nor are they limited to use for a specific festive occasion. 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 the World Wide Web at http://www.usitc.gov/tata/hts/. You also asked about special marking requirements for these items. The marking statute, section 304, Tariff Act of 1930, as amended (19 U.S.C. 1304), provides that, unless excepted, every article of foreign origin (or its container) imported into the U.S. shall be marked in a conspicuous place as legibly, indelibly and permanently as the nature of the article (or its container) will permit, in such a manner as to indicate to the ultimate purchaser in the U.S. the English name of the country of origin of the article. As provided in section 134.41(b), Customs Regulations (19 CFR 134.41(b)), the country of origin marking is considered conspicuous if the ultimate purchaser in the U.S. is able to find the marking easily and read it without strain. With regard to the permanency of a marking, section 134.41(a), Customs Regulations (19 CFR 134.41(a)), provides that as a general rule marking requirements are best met by marking worked into the article at the time of manufacture. However, section 134.44, Customs Regulations (19 CFR 134.44), generally provides that any marking that is sufficiently permanent so that it will remain on the article or packaging until it reaches the ultimate purchaser unless deliberately removed is acceptable. The ultimate purchaser of the plush toy bouquet in the U.S. may be defined as the person(s) who will distribute them free of charge, for instance to participants in a wedding party. Please note that separate Federal Trade Commission marking requirements exist regarding country of origin, fiber content, and other information that must appear on many textile items. You should contact the Federal Trade Commission, Division of Enforcement, 6th and Pennsylvania Avenue, N.W., Washington, D.C., 20580, for information on the applicability of these requirements to this item. Information can also be found at the FTC website www.ftc.gov (click on "For Business" and then on "Textile, Wool, Fur"). The sample will be returned to you. 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, Thomas J. Russo Director National Commodity Specialist Division