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NY B87895

August 14, 1997

CLA-2-39:RR:NC:3:353 B87895


TARIFF NO.: 3926.20.9010

Ms. Lauren E. Hong
The Disney Store, Inc.
101 North Brand Blvd., Suite 1000
Glendale, CA 91203-2671

RE: The tariff classification of childrens' "Creative Art" set from China.

Dear Ms. Hong:

In your letter dated July 11, 1997, you requested a tariff classification ruling. A sample was submitted for review and will be returned as requested.

The sample submitted is a childrens' "Creative Art" set consisting of a plastic apron, sponge brush, 10 crayons, and water color set.

In accordance with GRI 3(b)the factor which determines the essential character will determine the classification of item. In this case, we note that it is the role of the vinyl apron to contain and keep the other components close at hand while the child experiments with an array of artistic media. The apron also helps to keep clothing and skin clean. While the other components will be depleted and replaced, the vinyl apron's nature entails durability for reuse. For these reasons, we find that the apron is the component which supplies the set with its essential character.

The applicable subheading for the children's "Creative Art" set will be 3926.20.9010, Harmonized Tariff Schedule of the United States (HTS), which provides for Other articles of plastics and articles of other materials of headings 3901 to 3914: Other: Other, Aprons. The rate of duty will be 5% 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 Martin Weiss at 212-466-5881.


Paul K. Schwartz
Chief, Textiles & Apparel Branch

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