CLA-2 CO:R:C:F 086332 STB

Ms. Marjorie M. Shostak
Stein Shostak Shostak & O'hara
Suite 1240
3580 Wilshire Boulevard
Los Angeles, California 90010-2597

RE: Reconsideration of New York Preclassification Ruling (PC) 833166-Supplement 1; Twelve undressed dolls

Dear Ms. Shostak:

This letter is in response to your January 18, 1990, request for a reconsideration of New York Preclassification Ruling (PC) 833166-Supplement (Supp.) 1, dated December 12, 1989, concerning the tariff classification of 12 dolls to be imported by the Franklin Mint Corporation. Samples were submitted with your original ruling request.

FACTS:

In PC 833166-Supp.1, dated December 12, 1989, Customs classified the 12 subject dolls under subheading 9502.10.8000, HTSUSA, the provision for dolls, whether or not dressed, that are other than stuffed. The applicable duty rate for that subheading is 12% ad valorem. It is your contention that the dolls should be classified in subheading 9502.10.2000, HTSUSA, the provision for stuffed dolls.

The twelve dolls are marketed and identified as follows:

1. Country Legend - Loretta Lynn 2. Spencer Doll #2 - Colonial 3. Tolkien Doll - Galadriel 4. Madame Pompadour 5. Queen Elizabeth I 6. Spencer Doll #1 - Victorian 7. Belles of the Ball - Emp. Waltz

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8. Marie Antoinette 9. Famous Heroine - Ashley 10. Gibson Girl - Laura 11. American Legend - Betsy Ross 12. Queen Mary I

These dolls are of the "China-head" type, i.e., with a porcelain head and porcelain extremities including porcelain segments of the lower arms and legs that lead to the extremities. The head of each doll is attached to a porcelain harness or chest plate which overlays a portion of the otherwise stuffed torso extending down both the back and front of the torso. These harnesses extend in varying lengths down the torso but none of them extend below half the distance from the bottom of the neck to the groin. All of the torsos, with one exception, are stuffed to distention with traditional stuffing material. The one exception is the "Belles of the Ball - Emp. Waltz" doll which contains a relatively small musical device in the torso in addition to the stuffing material. The outer material of the torso and other stuffed sections of each doll consists of a fabric material. The porcelain face of each doll is designed with molded or implanted facial features; most of the dolls have synthetic hair although the one male doll (Ashley), is designed with molded porcelain hair.

ISSUE:

Whether the twelve dolls should be classified as stuffed or as other than stuffed?

LAW AND ANALYSIS:

Classification under the Harmonized Tariff Schedule of the United States Annotated (HTSUSA) is made in accordance with the General Rules of Interpretation (GRI's). The systematic detail of the harmonized system is such that virtually all goods are classified by application of GRI 1, that is, according to the terms of the headings of the tariff schedule and any relative section or chapter notes. In the event that the goods cannot be classified solely on the basis of GRI 1, and if the headings and legal notes do not otherwise require, the remaining GRI's may then be applied. The Explanatory Notes (EN's) to the Harmonized Commodity Description and Coding System, which represent the official interpretation of the tariff at the international level, facilitate classification under the HTSUSA by offering guidance in understanding the scope of the headings and GRI's.

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The proper heading in this instance is clear, i.e., heading 9502 for dolls; the subheadings at issue differentiate between stuffed dolls and those that are not stuffed. Therefore, only reference to GRI 1 is necessary here as a determination of what constitutes a stuffed doll is dispositive of the issue. The definition of "stuffed doll", for tariff purposes, is set out in Customs Service Decision (CSD) 92-28, dated July 8, 1992. This definition states that a doll is "stuffed" if:

(a) the torso (which in this use means the body of the doll from the bottom of the neck to the groin) is, in whole or in part, manufactured to contain either:

(i) traditional stuffing material, which includes natural or synthetic textile materials, (ii) filling material, which includes pellets, beans, or crushed nutshells, or (iii) any combination of the stuffing or filling material referred to in (i) and (ii);

(b) any insert in the doll, which may include a mechanism, voice unit, sound device, head stabilizer, music box, battery pack, or similar device, or compartment in which a person's hand can be placed, is covered by the stuffing or filling material referred to in (a) on at least 3 of the 4 sides of the torso;

(c) at least a portion of the skin of the torso is constructed of soft or pliable material or fabric; and

(d) any hard-surface harness, chestplate, or backplate making up or over a portion of the body of the doll does not extend below half of the distance from the bottom of the neck to the bottom of the groin.

It is our determination that the twelve undressed dolls should be classified in subheading 9502.10.2000, HTSUSA, the provision for stuffed dolls. Eleven of the dolls possess torsos which are stuffed to distention entirely with traditional stuffing materials. The one doll whose torso also contains a musical device satisfies the criteria of section (b), above, in that the device is covered by stuffing material on 3 of its four sides. We also note that there is some stuffing covering all four sides of the device and that the device occupies a small portion of an otherwise completely stuffed torso. The torso of each doll is covered in a skin of soft fabric. The porcelain

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chestplates and backplates of the dolls extend less than "half of the distance from the bottom of the neck to the bottom of the groin."

HOLDING:

The twelve undressed dolls, identified herein, are classified in subheading 9502.10.2000, HTSUSA, the provision for dolls representing human beings and parts and accessories thereof, dolls, whether or not dressed, stuffed. The duty on this merchandise is temporarily suspended under subheading 9902.95.01, HTSUSA.

NY PC 833166-Supp.1, dated December 12, 1989, is hereby revoked.

Sincerely,

John Durant, Director
Commercial Rulings Division