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NY 867749

November 5, 1991

CLA-2-95:S:N:N3D:225 867749


TARIFF NO.: 9503.70.8000

Ms. Lori Aldinger
Rite Aid Corporation
P.O. Box 3165
Harrisburg, PA 17105

RE: The tariff classification of a toy set from China

Dear Ms. Aldinger:

In your letter dated October 4, 1991, you requested a tariff classification ruling.

The sample submitted, item number 91848, is known as a "VELCRO Pro-Katch Game". The set includes two eight inch diameter VELCRO pads and one ball. The pads have a plastic backing with VELCRO adjustable straps to secure to the hand. The object of the article is to catch the ball using the velcro pads. The set will be imported packaged in a PVC bag with header.

The applicable subheading for the "VELCRO Pro-Katch Game" will be 9503.70.8000, Harmonized Tariff Schedule of the United States (HTS), which provides for other toys, put up in sets or outfits: other: other. The duty rate will be 6.8 percent ad valorem.

Additionally, you requested information pertaining to trademark restrictions on the above described article. This inquiry should be addressed to the Intellectual Property Rights Branch, U.S. Customs Service Headquarters, 1301 Constitution Avenue, N.W., Washington D.C. 20229. Or you may contact the office directly at (202) 566-6956.

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.

This ruling is being issued under the provisions of Section 177 of the Customs Regulations (19 C.F.R. 177).

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.


Jean F. Maguire
Area Director

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