CLA-2-95:OT:RR:NC:N4:424
Ms. Suzanne Lagay Kay
Franco Manufacturing Co., Inc.
555 Prospect St.
Metuchen, NJ 08840
RE: The tariff classification of a “Minion Hugger with Throw” from China
Dear Ms. Kay:
In your letter dated April 9, 2014, you requested a tariff classification ruling.
A sample of the “Minion Hugger with Throw,” style A1009K, was submitted with your inquiry. It is one of ten different styles in the “Hugger with Throw” product line. The hugger is a plush full-figured, three-dimensional depiction of a Minion from the movie “Despicable Me.” The item contains arms and legs, measures approximately 14”(H) x 8”(W) x 2”(D) and is constructed of an outer surface made of 100% polyester fabric and stuffing made of 100% polyester fiber. It is principally designed for the amusement of children between three and twelve years of age. Attached to the Minion is a throw/blanket made from 100 percent polyester knit fleece fabric. The fabric is printed. All of the edges are finished with an overcast stitch. The throw/blanket measures 40 x 50 inches.
Due to the independent nature of the stuffed Minion and throw, the two items will be classified separately. The product is not considered a set or composite good for tariff purposes since they are easily separated from one another and each may be used alone for distinctly different purposes.
The applicable subheading for the “Minion Hugger” will be 9503.00.0073, 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…
‘Children’s products’ as defined in 15 U.S.C. § 2052: Other: Labeled or determined by importer as intended for use by persons: 3 to 12 years of age.” The rate of duty will be free.
The applicable subheading for the throw/blanket will be 6301.40.0020, HTSUS, which provides for blankets and traveling rugs: blankets (other than electric blankets) and traveling rugs, of synthetic fibers… other. The rate of duty will be 8.5 percent ad valorem.
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/.
Importations of this product may 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 U.S. Customs and Border Protection. If you are an authorized importer of the product we recommend notifying your local CBP office prior to importation. This ruling is being issued under the provisions of Part 177 of the Customs Regulations (19 C.F.R. 177).
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,
Gwenn Klein Kirschner
Acting Director
National Commodity Specialist Division