CLA-2-39:S:N:N6:221 898313

9502.99.3000

Ms. Roxane Semerad
Norman G. Jensen, Inc.
3050 Metro Drive, Suite 300
Minneapolis, Minnesota 55425

RE: The tariff classification of plastic shampoo bottles and caps from China.

Dear Ms. Semerad:

In your letter dated May 18, 1994, on behalf of Minnetonka Brands, Inc., you requested a tariff classification ruling.

The plastic shampoo bottles will be imported in the forms of various "Muppet" characters, among them Big Bird, Cookie Monster, Bert, Ernie, Elmo and Prairie Dawn. Each container is approximately 8 1/2 inches in height. Some shipments will include the entire shampoo bottles; other shipments will consist of only the heads, bodies or caps. As you requested, the sample is being returned. The applicable subheading for the Big Bird, Cookie Monster and Elmo plastic shampoo bottles, when imported complete or as individual bodies separate from the heads, will be 3923.30.0090, Harmonized Tariff Schedule of the United States (HTS), which provides for articles for the conveyance or packing of goods, of plastics....carboys, bottles, flasks and similar articles, other. The rate of duty will be 3 percent ad valorem.

The applicable subheading for the Big Bird, Cookie Monster and Elmo plastic heads, when imported separately from the bodies, will be 3926.90.9590, HTS, which provides for other articles of plastics, other. The rate of duty will be 5.3 percent ad valorem.

The applicable subheading for the Bert, Ernie and Prairie Dawn shampoo bottles, when imported in their complete condition, will be 9502.10.4000, HTS, which provides for dolls representing only human beings and parts and accessories thereof: other: not over 33 cm in height. The rate of duty will be 12 percent ad valorem.

The applicable subheading for the Bert, Ernie and Prairie Dawn heads and bodies, when imported separately from each other, will be 9502.99.3000, HTS, which provides for dolls representing only human beings, parts and accessories thereof: other, other. The rate of duty will be 12 percent ad valorem.

The applicable subheading for the plastic caps, when imported separately, will be 3923.50.0000, HTS, which provides for stoppers, lids, caps and other closures, of plastics. The rate of duty will be 5.3 percent ad valorem.

Importations of this product might be subject to the provisions of Section 133 of the Customs Regulations if they copy or simulate a trademark, tradename or copyright registered with the United States Customs Service. This ruling is being issued under the provisions of Section 177 of the Customs Regulations (19 C.F.R. 177).

A copy of this ruling letter should be attached to the entry documents filed at the time this merchandise is imported. If the documents have been filed without a copy, this ruling should be brought to the attention of the Customs officer handling the transaction.

Sincerely,

Jean F. Maguire
Area Director
New York Seaport