HQ 952614: Modification of NYRL 858941; "Care For Me Cuddles" doll

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 952614

                        December 2, 1992


CLA-2  CO:R:C:F  952614  GGD

CATEGORY:  Classification

TARIFF NO.:  9502.10.2000; 9902.95.01

Mr. Thomas C. Hoke
TCA Group, Inc.
11 Huron Drive
Natick, Massachusetts 01760

RE:  Modification of NYRL 858941; "Care For Me Cuddles" doll 

Dear Mr. Hoke:

     This letter is in further response to your inquiry of
December 11, 1990, concerning the tariff classification of a doll
to be imported from China by TCA Group, Inc.  A sample was
submitted with your original ruling request.

FACTS:

     In New York Ruling Letter (NYRL) 858941, dated January 16,
1991, Customs classified the doll under subheading 9502.10.4000,
HTSUSA, the provision for dolls, whether or not dressed, that are
other than stuffed, and not over 33 cm. in height.  The
applicable duty rate for that subheading is 12 percent ad
valorem.  We have reviewed that ruling and have found it to be
partially in error.

     The doll measures approximately 12 inches in height, has a
vinyl head, and a cloth body, arms, and legs.  The torso of the
doll contains traditional stuffing material, surrounding a
plastic-housed, wind up music movement with key.  The doll is
clothed in pajamas and a night cap.  When the key is wound, the
head of the doll moves to the music of a popular lullaby.  The
musical device imparts a hard feel to the doll's otherwise
stuffed torso. 
                               -2-

ISSUE:

     Whether the doll should be classified as stuffed, or as
other than stuffed.

LAW AND ANALYSIS:

     Classification under the HTSUSA is made in accordance with
the General Rules of Interpretation (GRI's).  The systematic
detail of the harmonized system is such that virtually all goods
are classified by application of GRI 1, that is, according to the
terms of the headings of the tariff schedule and any relative
Section or Chapter Notes.  In the event that the goods cannot be
classified solely on the basis of GRI 1, and if the headings and
legal notes do not otherwise require, the remaining GRI's may
then be applied.  The Explanatory Notes (EN's) to the Harmonized
Commodity Description and Coding System, which represent the
official interpretation of the tariff at the international level,
facilitate classification under the HTSUSA by offering guidance
in understanding the scope of the headings and GRI's.

     The proper heading in this case is clear, i.e., heading 9502
for dolls.  The subheadings at issue differentiate between
stuffed dolls and those that are not stuffed.  Therefore, only
reference to GRI 1 is necessary here, as a determination of what
constitutes a stuffed doll is dispositive of the issue.  The     
definition of "stuffed doll," for tariff purposes, is set out in
Customs Service Decision (CSD) 92-28, dated July 8, 1992.  This
definition states that a doll is "stuffed" if:

     (a) the torso (which in this use means the body of the doll
         from the bottom of the neck to the groin) is, in whole
         or in part, manufactured to contain either:

          (i) traditional stuffing material, which includes
              natural or synthetic textile materials,
         (ii) filling material, which includes pellets, beans, or
              crushed nutshells, or
        (iii) any combination of the stuffing or filling material
              referred to in (i) and (ii);

     (b) any insert in the doll, which may include a mechanism,
         voice unit, sound device, head stabilizer, music box,
         battery pack, or similar device, or compartment in which
         a person's hand can be placed, is covered by the
         stuffing or filling material referred to in (a) on at
         least 3 of the 4 sides of the torso;
                               -3-

     (c) at least a portion of the skin of the torso is
         constructed of soft or pliable material or fabric; and

     (d) any hard-surface harness, chestplate, or backplate
         making up or over a portion of the body of the doll,
         does not extend below half of the distance from the
         bottom of the neck to the bottom of the groin.


     It is our determination that the doll is classified in
subheading 9502.10.2000, HTSUSA, the provision for stuffed dolls. 
The torso of the doll contains traditional stuffing material and
is covered in a skin of soft fabric.  The musical movement is
covered by the stuffing material on at least 3 of the 4 sides of
the torso. 

HOLDING:

     The "Care For Me Cuddles" doll is properly classified under
subheading 9502.10.2000, HTSUSA, the provision for dolls
representing human beings and parts and accessories thereof,
dolls, whether or not dressed, stuffed.  The duty on this
merchandise is temporarily suspended under subheading 9902.95.01,
HTSUSA, until December 31, 1992.  After that time, the general
column one duty rate of 12 percent ad valorem will apply.

     NYRL 858941, dated January 16, 1991, is hereby modified.


                               Sincerely,




                               John Durant, Director
                               Commercial Rulings Division