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NY 812782

August 10, 1995

CLA-2-95:S:N:N7:225 812782


TARIFF NO.: 9503.70.0030

Ms. Rita Menne
Fingerhut Companies, Inc.
4400 Baker Road S-228
Minnetonka, MN 55343

RE: The tariff classification of a toy tool set from China

Dear Ms. Menne:

In your letter dated July 14, 1995, you requested a tariff classification ruling.

The subject article is a "Goodwrench" toy tool set identified as vendor model #02949F and product code KM236. The set consists of a toy tool chest and 12 assorted miniature die cast tools. The chest measures 11 1/2 inches in height, 6 inches in width and 4 inches in depth (assembled). The collection of 4 inch, die cast, miniature tools includes the following styles: needle nose pliers, box end wrench, socket wrench, open end wrench, flat tip screwdriver, adjustable wrench, allen wrench, electrician's plier, combination plier, phillips head screwdriver, water pump plier and mechanics hammer.

Although the tools are capable of a "limited use" they are distinguishable by their size, construction and limited capacity from real hand tools. According to your letter the described tools and toy tool chest will be imported packaged together in a plain closed box for sale through mail order only. Provided the miniature tools are sold with the toy tool chest the entire product will be considered a toy put up for children's amusement. Your samples are being returned as requested.

The marking statute, section 304, Tariff Act of 1930, as amended (19 U.S.C. 1304), provides that, unless excepted, every article of foreign origin (or its container) imported into the U.S. shall be marked in a conspicuous place as legibly, indelibly and permanently as the nature of the article (or its container) will permit, in such a manner as to indicate to the ultimate purchaser in the U.S. the English name of the country of origin of the article. Please ensure that these requirements are satisfied.

The applicable subheading for the "Goodwrench" toy tool set, vendor model #02949F and product code KM236, will be 9503.70.0030, Harmonized Tariff Schedule of the United States (HTS), which provides for other toys, put up in sets or outfits, and parts and accessories thereof: other: other. The rate of duty will be free.

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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