The tariff classification of a wooden nutcracker from China

NY 861953 April 25, 1991 CLA-2-95:S:N:N3D:225-861953 CATEGORY: Classification TARIFF NO.: 9502.10.8000 Ms. Lorianne Aldinger Rite Aid Corporation P.O. Box 3165 Harrisburg, PA 17105 RE: The tariff classification of a wooden nutcracker from China Dear Ms. Aldinger: 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 : March 25, 1991 ON BEHALF OF : Rite Aid Corporation DESCRIPTION OF MERCHANDISE : The sample submitted, item number 92638, is a wooden nutcracker. The article measures approximately 14 1/2 inches in height. The nutcracker resembles a soldier in appearance and will be available in a blue or red uniform. HTS PROVISION : Dolls representing only human beings: whether or not dressed: other: other HTS SUBHEADING : 9502.10.8000 RATE OF DUTY : 12 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 as permanently and conspicuously as the article will permit. The sample submitted to this office was found to be not legally marked. 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