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NY 811162

June 20, 1995

CLA-2-95:S:N:N7:225 811162


TARIFF NO.: 9503.90.0030; 6815.99.4000

Mr. Fred Shapiro
Fasco (USA) Ltd.
39 E. Hanover Avenue
Morris Plains, N.J. 07950

RE: The tariff classification of various children's activity sets from China, Taiwan and Hong Kong

Dear Mr. Shapiro:

In your letter dated June 1, 1995 you requested a tariff classification ruling.

A sample of each product was submitted with your inquiry. The first item is called "Polly Pocket Crayon By Number Activity Caddy". The article consists of 6 double sided plastic plates, 8 crayons, one plastic caddy, a blank paper roll and 2 printed paper rolls. The plastic plates, or "rubbing plates" as they are called, measure 4 3/4 inches by 4 inches and have various raised scenic designs. The plastic caddy measures 11 1/2 by 7 1/2 inches. It serves as a work area and storage container for the plates, crayons and paper rolls. The caddy is specially constructed to hold the blank paper rolls and plates in place. To operate, the child inserts a "rubbing plate" in the frame portion of the caddy, unwinds a blank piece of paper over the "rubbing plate" and closes the plastic frame. The frame holds all items in place and by rubbing a crayon over the paper an outline of the desired picture is obtained. With the outline established the plate may be removed and the child may color the picture.

The "Polly Pocket Sand Art" includes a plastic tray, one sand dispenser with stand, 6 pre-cut pictures, 7 bags of sand and 1 plastic spoon. The user selects up to 4 colors of sand and pours them into the hand held sand dispenser unit. The
pre-cut, specially constructed, picture is placed in the plastic tray. As sections of the picture are peeled away a sticky surface is revealed. Sand is distributed over the exposed area, adhering to the surface, and excess is simply shaken to the side. This process is repeated until a completed picture is created.

The "Polly Pocket Light-Up Desk" is composed of a plastic portable desk, 6 colored pencils, 6 printed paper sheets and 12 pieces of drawing paper. The portable desk contains a light which illuminates the desk surface. The light feature assists the child in tracing over printed designs.

The "Art To Go, Pencils and Stencils" set consists of 6 colored pencils, 6 plastic stencils, 1 pad of paper and a folding plastic carry case. The stencils depict various human and animal figures and impart the essential character of this retail packaged set.

The applicable subheading for the "Polly Pocket Crayon By Number Activity Caddy" and "Art To Go, Pencils and Stencils" will be 9503.90.0030, Harmonized Tariff Schedule of the United States (HTS), which provides for other toys (except models), not having a spring mechanism. The rate of duty will be free.

The applicable subheading for the "Polly Pocket Sand Art" will be 6815.99.4000, Harmonized Tariff Schedule of the United States (HTS), which provides for articles of stone or of other mineral substances (including articles of peat), not elsewhere specified or included: other: other. The duty rate will be 3.6 percent ad valorem.

The question of classification for the "Polly Pocket Light Up Desk", item #48004, is being referred to the Office of Regulations and Rulings, U.S. Customs Service Headquarters, 1301 Constitution Avenue, N.W., Washington D.C. 20229. A ruling will be issued to you from that office.

The subject "Polly Pocket" may constitute an infringement of a registered trademark under 15 U.S.C. 1124. Importations of this merchandise may be subject to the provisions of Section 133 of the Customs Regulations if it copies or simulates a registered trademark recorded with the Customs Service. You should contact your local Customs office to determine the status of this toy before you finalize any purchasing contracts.

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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