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

Mr. Neil S. Helfand
Simon Gluck & Kane LLP
1700 Broadway, 31st Floor
New York, NY 10019

RE: The tariff classification of a Hello Kitty with Zipper Pocket/Straps from China

Dear Mr. Helfand:

In your letter dated February 3, 2011, you requested a tariff classification ruling on behalf of Fashion Accessory Bazaar LLC.

A sample of a Hello Kitty with Zipper Pocket/Straps was submitted with your inquiry. The item is a full-figured, three-dimensional plush representation of the Hello Kitty character and measures approximately 14” in height. It contains two adjustable webbing straps for a child to carry the item around on one’s back and a zippered compartment behind the head portion. The amusement value of the item outweighs its functionality as a backpack as the zippered pocket has minimal storage capacity due to the item’s stuffing and it is incapable of storing anything other than tiny, flat, non-bulky articles. The toy is designed for the amusement of children of 3 years of age and older.

The applicable subheading for the Hello Kitty with Zipper Pocket/Straps will be 9503.00.0083, 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: Labeled for use by persons 3 to 12 years of age.” 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