NY 816515: The tariff classification of a toy rattle from China

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.

     


	NY 816515

	December 1, 1995

CLA-2-95:RR:NC:FC: 225 816515

CATEGORY:  Classification

TARIFF NO.: 9503.90.0030

Ms. Regina M. Bernard
Hasbro, Inc.
1027 Newport Avenue
P.O. Box 1059
Pawtucket, Rhode Island 02862-1059

RE:	The tariff classification of a toy rattle from China

Dear Ms. Bernard:

	In your letter dated November 7, 1995, you requested a tariff classification ruling.

	The article submitted, product #30553, "Hello Grandma/ Grandpa Set" consists of a plastic telephone rattle and textile bib.  The rattle is made in China and the bib is of U.S. origin.  According to your letter the articles will be packaged on a blister card in Mexico and subsequently imported to the U.S.  

	You requested a classification of the bib and rattle when imported separately and as a set.  In this case, the mere packaging of two separate and distinct articles does not change the classification of the finished product.  An interdependent relationship does not exist between the two items involved.  The telephone rattle is a toy designed for the amusement of children.  The bib serves as a functional article to protect an infant's clothing from stains.  The two are completely unrelated in their use.  Therefore, each item in the retail package is separately classifiable whether imported together as a set or as individual components.  Your sample is being returned as requested.	

     The applicable subheading for the telephone rattle will be 9503.90.0030, Harmonized Tariff Schedule of the United States (HTS), which provides for other toys (except models), not having a spring mechanism.  The rate of duty will be free.




 	Provided the documentary requirements of 19 CFR 10.1 are satisfied, the applicable subheading for the textile bib will be 9801.00.1098, Harmonized Tariff Schedule of the United States (HTS), which provides for products of the United States when returned after having been exported, without having been advanced in value or improved in condition by any process of manufacture or other means while abroad: other: other.  Products in subheading 9801.00.1098 are free of duty.	

	The marking statute, section 304, Tariff Act of 1930, as amended (19 U.S.C. 1304), provides that, unless excepted, every article of foreign origin (or its container) imported into the U.S. shall be marked in a conspicuous place as legibly, indelibly and permanently as the nature of the article (or its container) will permit, in such a manner as to indicate to the ultimate purchaser in the U.S. the English name of the country of origin of the article.  Please ensure that these requirements are satisfied.

	This ruling is being issued under the provisions of Section 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 Alice J. Wong at 212-466-5538.



						Sincerely,



						Roger J. Silvestri
						Director,
						National Commodity
						Specialist Division