NY 863533: The tariff classification of a toy car 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 863533

June 14, 1991

CLA-2-95:S:N:N3D:225-863533 

CATEGORY:  Classification

TARIFF NO.: 9503.90.6000  

Mr. Allan H. Kamnitz
Sharretts, Paley, Carter & Blauvelt, P.C.
Sixty-seven Broad Street
New York, N.Y.  10004

RE:  The tariff classification of a toy car from China

Dear Mr. Kamnitz:

     This classification decision under the Harmonized Tariff
Schedule of the United States (HTS) is being issued in accordance
with the provisions of Section 177 of the Customs Regulations (19
C.F.R. 177).

        DATE OF INQUIRY   :    May 21, 1991

        ON BEHALF OF      :    The Ertl Company

        DESCRIPTION OF
        MERCHANDISE       :    Stock number 7490DO is a toy car
                            from the "American Muscle Cars"      
                            series.  It is described as a
                            replica of a 1957 Chevrolet Bel Air
                            Convertible automobile.  The car is
                            made of die-cast metal, plastic
                            components and rubber tires.  The    
                            hood and doors open and close.

        HTS PROVISION     :    Other toys (except models), not
                            having a spring mechanism

        HTS SUBHEADING    :    9503.90.6000

        RATE OF DUTY      :    6.8 percent ad valorem

     MARKING           :    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 and 
                            conspicuously as the article will    
                            permit.  The sample submitted to this 
                            office was found to be not legally   
                            marked.  The word American in        
                            "American Muscle" is displayed in    
                            numerous places on the box, whereas, 
                            "Made in China" is printed only once 
                            on the bottom of the box.  The       
                            country of origin name must be in    
                            close proximity to every reference   
                            to any geographic location.  It      
                            should be directly above, below or   
                            next to the geographic reference.
           
        OTHER             :    The sample will be returned as    
                               requested.    

        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