NY 817750: The tariff classification of a wooden nutcracker 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.

                                 PD 817750
                                        
                              January 5, 1996

CLA-2-96:L:CO:D22 817750  

CATEGORY:  Classification

TARIFF NO.: 9502.10.0020  

Ms. Rose Althoff
Midwest of Cannon Falls
P.O. Box 20
Cannon Falls, MN 55009-0020

RE:  The tariff classification of a wooden nutcracker from China

Dear Ms. Althoff:

In your letter dated December 27, 1995, you requested a tariff
classification ruling.  

You have requested information on the tariff treatment of a
wooden nutcracker, item number 17995-6, which you refer to in
your ruling request as "Yosemite Sam Nutcracker."  The
submitted sample is a 9 1/2 inch reproduction of the cartoon
character "Yosemite Sam."  It stands on a base and functions as a
nutcracker.  It is made of resin and wood and intended to be used
as a decorative home accessory. 

The applicable subheading for the nutcracker will be
9502.10.0020, Harmonized Tariff Schedule of the United States
(HTS), which provides for "Dolls representing only human beings
and parts and accessories thereof: Dolls, whether or not dressed:
Other: Not over 33 cm in height."  The rate of duty will be free. 


Please note that the subject "Yosemite Sam" nutcracker article
may constitute an infringement of a registered copyright under
Section 602 of the Copyright Act (17 U.S.C. 602).  Importations
of this merchandise may be subject to the provisions of Section
133 of the Customs Regulations if it copies or simulates a
registered copyright work recorded with the Customs Service.  For
information regarding copyrights contact the following office or
you may contact them directly at (202) 482-6960.

               Intellectual Property Rights Branch
               U.S. Customs Service Headquarters
               1301 Constitution Avenue, N.W. Franklin Court
               Washington, D.C.  20229

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.



                              Sincerely,


                              (signed)
                              Leticia Moran
                              Port Director