CLA-2-95:S:N:N3D:225 879793
4911.91.2040, 3926.90.9090
Mr. John F. Norris
W.J. Norris Inc.
80 King Spring Road
P.O. Box 3426
Windsor Locks, CT 06096-3426
RE: The tariff classification of dolls, toys, crayons,
lithographs on paper and stick on earrings from Hong
Kong and/or China
Dear Mr. Norris:
In your letter dated October 16, 1992, received in this
office on October 29, 1992, you requested a tariff classification
ruling on behalf of your client Totsy Manufacturing.
Three samples were submitted with your inquiry. The first
item, number 7060 (previously 7300), is known as "Sandi So
Pretty". The set consists of 16 pairs of stick on earrings for
the child, a write-on wipe-off board measuring 12 by 14 inches
bearing "Sandi's" picture, 2 sheets of pressure sensitive
stickers (depicting jewelry and hair ornaments), 6 printed
pictures, black on white paper for coloring by the consumer, 8
crayons and instructions on the back of the box. The child can
adorn "Sandi" with jewelry and hair ornament stickers over and
over again. The entire set will be imported packed for retail
sale.
The second item number 7040 "Sandi Stylish Art" (formerly
7210 "Sandi Fashion Snaps") consists of the following: two
paperboard dolls measuring 11 1/2" in height, 2 pages of pressure
sensitive color stickers (represent-ing clothing and accessories
for the figure), 1 page of plain white stick on outfits for
coloring, eight crayons and an instruction sheet. All items will
be imported packed in a cardboard box ready for retail sale.
The final item, number 7050, (formerly number 7200) is
called "Scenic Sandi". This product includes one printed trifold
board measuring about 28 inches in length and 12 inches in
height, 1 page of color stick ons (representing various
articles), 1 printed picture on paper for coloring, eight crayons
and an instruction sheet. The trifold board acts as a background
scene on which the pressure sensitive stickers may be placed.
The board submitted depicts stores in a shopping mall. Children
may rearrange the stickers, over and over again, creating various
scenes. The kit will be imported packed for retail sale.
The applicable subheadings for item number 7060, "Sandi So
Pretty", will be as follows: stick on earrings for the child -
3926.90.9090, HTS, which provides for other articles of plastics,
other. The duty rate will be 5.3 percent ad valorem. Crayons -
9609.90.8000, HTS, which provides for
pencils, crayons, pastels: other: other. The duty rate will be
5.5 cents/ gross plus 3.4 percent ad valorem. The board and
pressure sensitive stickers are classified - 9503.90.6000, HTS,
which provides for other toys (except models), not having a
spring mechanism. The duty rate will be 6.8 percent ad valorem.
The black printed pictures on white paper will be - 4911.91.2040,
HTS, which provides for other lithographs on paper not over 0.51
mm in thickness. The duty rate will be 13.2 cents per kg.
The applicable subheading for item number 7040, "Sandi
Stylish Art" (formerly 7210 "Sandi Fashion Snaps"), will be
9502.10.4000, Harmonized Tariff Schedule of the United States
(HTS), which provides for dolls representing only human beings
and parts and accessories thereof: whether or not dressed: other:
not over 33 cm in height. The duty rate will be 12 percent ad
valorem.
The applicable subheading for item number 7050, "Scenic
Sandi" (formerly number 7200), and item number 7300, "Sandi So
Pretty" will be 9503.90.6000, Harmonized Tariff Schedule of the
United States (HTS), which provides for other toys (except
models), not having a spring mechanism. The duty rate will be
6.8 percent ad valorem.
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, conspicuously and legibly
as the article will permit. A sample of the retail package for the
"Sandi" products indicated the importer's name and U.S. address on
the front of the box without the country of origin.
Section 134.46, Customs Regulations (19 CFR 134.46), requires
that in any case in which the name of any city or locality in the
United States, or the name of any foreign country or locality other
than the country or locality in which the article was manufactured or
produced, appears on an imported article or its container, there
shall appear, legibly and permanently, in close proximity to such
words, letters, or name, and in at least a comparable size, the name
of the country of origin preceded by "Made in," Product of," or other
words of similar meaning. Please ensure that these requirements are
met.
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