The tariff classification of animal-shaped pillow toys from China
Issued January 6, 2012 by U.S. Customs and Border Protection.
Tariff classification
HTS codes: 9503.00.0073
Headings: 9503
GRI rules applied: GRI 2(a)
Product description
In addition, a sample of a fully stuffed crocodile-shaped pillow was also submitted as an example of how the item will appear once it is completed. Only the heads of the aforementioned items are stuffed prior to importation. The bodies will be stuffed at your facilities in the United States. The items are constructed of a soft 100% polyester fabric and each animal has an amusing expression on its face. All of the animals have clearly distinguishable appendages. While the animal-shaped pillows are imported incomplete or unfinished, GRI 2(a) states that "any reference in a heading to an article shall be taken to include a reference to that article incomplete or unfinished, provided that, as entered, the incomplete or unfinished article has the essential character of the complete or finished article." Accordingly, in its imported condition, the animal-shaped pillows possess the essential character of a finished stuffed toy.
CBP rationale
The applicable subheading for the five partially stuffed animal-shaped pillows will be 9503.00.0073, Harmonized Tariff Schedule of the United States (HTSUS), which provides for “Tricycles, scooters, pedal cars and similar wheeled toys…dolls, other toys…puzzles of all kinds; parts and accessories thereof… ‘Children’s products’ as defined in 15 U.
Full text
N197137 January 6, 2012 CLA-2-95:OT:RR:NC:N4:424 CATEGORY: Classification TARIFF NO.: 9503.00.0073 Mr. Michael Roldan Howard Hartry, Inc. 727 West Capitol Drive San Pedro, CA 90731 RE: The tariff classification of animal-shaped pillow toys from China Dear Mr. Roldan: In your letter dated December 7, 2011, you requested a tariff classification on behalf of Brentwood Originals. A sample of five partially stuffed animal-shaped pillows in the likeness of a lamb, dog, cat, hippo and monkey were submitted with your inquiry. In addition, a sample of a fully stuffed crocodile-shaped pillow was also submitted as an example of how the item will appear once it is completed. Only the heads of the aforementioned items are stuffed prior to importation. The bodies will be stuffed at your facilities in the United States. The items are constructed of a soft 100% polyester fabric and each animal has an amusing expression on its face. All of the animals have clearly distinguishable appendages. While the animal-shaped pillows are imported incomplete or unfinished, GRI 2(a) states that "any reference in a heading to an article shall be taken to include a reference to that article incomplete or unfinished, provided that, as entered, the incomplete or unfinished article has the essential character of the complete or finished article." Accordingly, in its imported condition, the animal-shaped pillows possess the essential character of a finished stuffed toy. The applicable subheading for the five partially stuffed animal-shaped pillows will be 9503.00.0073, Harmonized Tariff Schedule of the United States (HTSUS), which provides for “Tricycles, scooters, pedal cars and similar wheeled toys…dolls, other toys…puzzles of all kinds; parts and accessories thereof… ‘Children’s products’ as defined in 15 U.S.C. § 2052: Other: Labeled or determined by importer as intended for use by persons: 3 to 12 years of age.” The rate of duty will be free. Duty rates are provided for your convenience and are subject to change. The text of the most recent HTSUS and the accompanying duty rates are provided on World Wide Web at http://www.usitc.gov/tata/hts/. This ruling is being issued under the provisions of Part 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 James Forkan at (646) 733-3025. Sincerely, Thomas J. Russo Director National Commodity Specialist Division
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