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NY B86859

July 3, 1997

CLA-2-95:RR:NC:SP:225 B86859


TARIFF NO.: 9503.70.0030

Mr. Stephen W. Marlow
Tower Group International
205 West Service Road
Champlain, N.Y. 12919

RE: The tariff classification of an educational science kit from China and Singapore

Dear Mr. Marlow:

In your letter dated June 17, 1997 you requested a tariff classification ruling on behalf of your client Somerville House.

The item submitted is called the "Dorling Kindersley Science Kit." This educational set is designed to teach children through the use of experiments which incorporate a hands-on system of learning. Intended for children ranging from 8 to 12 years of age, the kit contains the necessary components to perform over 100 science experiments. The set includes items such as, an electronic circuit board, string, wire, press-out models, motorized car, color filters, experiment cards, an instruction book, etc. All of the articles are packaged together in a closed box with a plastic handle for retail sale. Your sample is being returned as requested.

This office finds the above described collection of articles, when imported retail packed, work together to create an educational toy set classifiable in Chapter 95.

The applicable subheading for the "Dorling Kindersley Science Kit" 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.

Furthermore, we note that the submitted article is not in compliance with the country of origin marking regulations. According to Section 134.46 of the Customs Regulations (19 CFR 134.46), the law requires that in any case in which the words "United States," or "American," the letters "U.S.A.," any variation of such words or letters, or the name of any city or locality in the United States, or the name of any foreign country (emphasis added) or locality other than the country or locality in which the article was manufactured or produced, appears on an imported article or its container, there shall appear, legibly and permanently, in close proximity to such words, letters, or name, and in at least a comparable size, the name of the country of origin preceded by "Made in," Product of," or other words of similar meaning.

The marked box submitted reads: "Printing and package assembly in Singapore, This pack contains products from China" and then to the right of this marking are the words "Somerville House Publishing Toronto". It is noted that the word "Toronto" is printed in larger letters and a bolder type face then the words Singapore and China. Marking in this fashion is unacceptable. It is unclear as to what has been printed in Singapore and whether the actual contents, or just the "package", was assembled in Singapore. This wording was confusing to us and could lead to misconceptions of the actual country of origin for the goods.

In order to comply with the above requirements this office suggests use of the following: "Printed matter manufactured in Singapore, All other components made in China, Assembled in Singapore" or words of similar meaning. The type print must also be of the same size lettering and same boldness as that of "Toronto". You may contact your local Customs port for guidance in developing other acceptable alternatives of marking your product prior to importation.

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 Alice J. Wong at 212-466-5538.


Gwenn Klein Kirschner
Chief, Special Products Branch

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