HQ 085631: Musical clown figure capable of electromechanical movement

Native CBP ruling rendition. Applicability is fact-specific; modification/revocation relationships and original publisher date are retained. Publisher sentinel year0001 means unknown date, not a historical legal adoption.

                            HQ 085631

                        February 1, 1990

CLA-2  CO:R:C:G:  085631 DPS

CATEGORY:  Classification

TARIFF NO.:  9502.10.8000


Ms. Kitty Wen
Sunny Merchandise Corp.
15805 E. Valley Blvd.
City of Industry, California  91744

RE:  Musical clown figure capable of electromechanical
     movement

Dear Ms. Wen:

     This is in response to your letter of September 21,
1989, on behalf of Sunny Merchandise Corporation of
California, in which you requested a ruling on the tariff
classification of a musical clown figure marketed as "Uncle
Joey," under the Harmonized Tariff Schedule of the United
States Annotated (HTSUSA).  A sample of the subject
merchandise was submitted with your ruling request.

FACTS:

     The article at issue, item No. M101, is imported from
China.  Marketed as "Uncle Joey," this article is an 11 inch
tall clown figure situated atop a 3 inch high "rolling"
barrel.  The clown has a vinyl face with traditional clown
type features and synthetic blond hair.  Perched on his head
is a vinyl top hat and a round ball is balanced on his nose.
The body is composed of hard plastic as are the extremities.
The hands of the clown are outstretched and a juggling
ring/spinning wheel is attached to each hand.  The clown is
clothed in a one piece baggy jumpsuit with lace
ornamentation.

     The clown is attached to the barrel by means of a metal
rod and plastic strips.  The barrel, also composed of
plastic, is the housing for a musical and mechanical movement
apparatus which drives the clown figure.  On the sides of the
barrel are flat plastic circles with pinwheel designs.  The
front of the barrel has a speaker and a decal with the words
"Uncle Joey" and musical notes printed on it.  The bottom of
the barrel is flat and has a compartment for batteries and an
on/off switch.  When the on switch is activated, the barrel
appears to roll, the clown's feet move up and down, the ball
on his nose spins and the rings on his hands rotate.  In
addition, the song, "It's a Small World," plays while the
figure moves.

ISSUE:

     Whether the subject "Uncle Joey" musical clown figure is
classifiable as a doll representing only human beings under
Heading 9502, HTSUSA.

LAW & ANALYSIS:

     The General Rules for the Interpretation of the
Harmonized System (GRI's) govern classification under the
Harmonized Tariff Schedule.  According to GRI 1, the primary
consideration in determining whether merchandise should be
classified in a heading should be given to the language of
the heading and any relevant chapter or section notes, and,
provided such headings or notes do not otherwise require,
according to the remaining GRI's, taken in order.  The
subheading at issue in this case is:

          9502.10.8000, Dolls representing only human
          beings and parts and accessories thereof:
          Dolls, whether or not dressed:  Other:
          Other:  Other.

     The Explanatory Notes to the HTSUSA, which constitute
the official interpretation of the tariff at the
international level, provide guidance in determining the
scope of each provision.  With regard to Heading 9502,
HTSUSA, the provision for dolls representing only human
beings, Explanatory Note (EN) 95.02, at p. 1586 states:

          The heading includes not only dolls designed
          for the amusement of children, but also dolls
          intended for decorative purposes (e.g.,
          boudoir dolls, mascot dolls), or for the use
          in Punch and Judy or marionette shows, or
          those of a caricature type.

          Dolls are usually made of rubber, plastics,
          textile materials, wax, ceramics, wood
          paperboard, papier mache or combinations of
          these materials.  They may be jointed and
          contain mechanisms which permit limb, head or
          eye movements as well as reproductions of the
          human voice, etc.  They may also be dressed.


The General Explanatory Notes to Chapter 95, at p.1585,
which explain the general scope of the chapter, provide:

          This Chapter covers toys of all kinds whether
          designed for the amusement of children or
          adults....

     The electromechanical musical clown figure at issue, is
a caricature type representation of a human being dressed
and made up as a clown.  The figure contains mechanisms which
permit various movements, as well as a feature which provides
music.  Based on the language of heading 9502 and the
Explanatory Notes thereto, this item is classifiable under
the provision covering dolls, other, under subheading
9502.10.8000, HTSUSA.

HOLDING:

     Pursuant to GRI 1, the subject "Uncle Joey" musical
clown figure is classifiable as a doll under subheading
9502.10.8000, HTSUSA.  Articles classified under this
subheading are subject to a duty rate of 12 percent ad
valorem.


                              Sincerely,



                              John Durant, Director
                              Commercial Rulings Division