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NY A80596

March 19, 1996

CLA-2-96:RR:NC:GI:113 A80596


TARIFF NO.: 9609.90.8000

Mr. Michael Hester
Expeditors International
849 Thomas Drive
Bensenville, IL 60106

RE: The tariff classification of chalk products from China

Dear Mr. Hester:

In your letter dated February 15, 1996, on behalf of Cadaco, you requested a tariff classification ruling.

The merchandise consists of three chalk products that will be used by children to draw on sidewalks.

Item number 8120 is Amazing Color Change Chalk. It contains 10 large sticks of chalk, 1 seven-ounce pump sprayer bottle of color changing liquid, and 1 sheet of paper stencils. After drawing on the ground, children will spray their designs with the liquid to change the color of the chalk.

Item number 8110, also called Amazing Color Change Chalk, consists of 3 large pieces of chalk and a 1.6-ounce spray bottle of color changing liquid. For tariff classification purposes, this office considers item numbers 8120 and 8110 to be sets with the essential character imparted by the chalk.

Item number 8928 is Extreme Glow in the Dark Chalk. It contains 2 large pieces of chalk. Drawings created with this chalk will glow in the dark after a flashlight has been shined upon them.

The applicable subheading for all three chalk products will be 9609.90.8000, Harmonized Tariff Schedule of the United States (HTS), which provides for pencils, crayons, pencil leads, pastels, drawing charcoals, writing or drawing chalks and tailors' chalks, other, other. The rate of duty will be 3.3 cents per gross plus 2 percent ad valorem.

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 Smyth at 212-466-2084.


Roger J. Silvestri

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