CLA-2-95:S:N:N3D:225-863533
Mr. Allan H. Kamnitz
Sharretts, Paley, Carter & Blauvelt, P.C.
Sixty-seven Broad Street
New York, N.Y. 10004
RE: The tariff classification of a toy car from China
Dear Mr. Kamnitz:
This classification decision under the Harmonized Tariff
Schedule of the United States (HTS) is being issued in accordance
with the provisions of Section 177 of the Customs Regulations (19
C.F.R. 177).
DATE OF INQUIRY : May 21, 1991
ON BEHALF OF : The Ertl Company
DESCRIPTION OF
MERCHANDISE : Stock number 7490DO is a toy car
from the "American Muscle Cars"
series. It is described as a
replica of a 1957 Chevrolet Bel Air
Convertible automobile. The car is
made of die-cast metal, plastic
components and rubber tires. The
hood and doors open and close.
HTS PROVISION : Other toys (except models), not
having a spring mechanism
HTS SUBHEADING : 9503.90.6000
RATE OF DUTY : 6.8 percent ad valorem
MARKING : Section 304 of the Tariff Act of
1930 as amended, states that all
articles entering the commerce of the
United States must be marked with the
country of origin as permanently and
conspicuously as the article will
permit. The sample submitted to this
office was found to be not legally
marked. The word American in
"American Muscle" is displayed in
numerous places on the box, whereas,
"Made in China" is printed only once
on the bottom of the box. The
country of origin name must be in
close proximity to every reference
to any geographic location. It
should be directly above, below or
next to the geographic reference.
OTHER : The sample will be returned as
requested.
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