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NY 891159

October 29, 1993

CLA-2-96:S:N:N6:221 891159


TARIFF NO.: 9603.30.6000

Ms. Dawne Pezzuco
Hasbro, Inc.
1027 Newport Avenue
P.O. Box 1059
Pawtucket, RI 02862-1059

RE: The tariff classification of a set of "Barney Paint Pots And Brushes" from China.

Dear Ms. Pezzuco:

In your letter dated September 24, 1993, you requested a tariff classification ruling.

The product is described as article #29875.00. It consists of six paint pots and three artists' paint brushes designed to be used by children. The pots are made of molded plastic with a specially shaped cover. The cover incorporates a semicircular snap lid with sloping sides which lead to a circular hole approximately 7/8 inch down into the interior of the pot. When this lid portion is opened the brush head can fit into the hole while the brush handle rests against the sloping sides. The design of the cover allows the brush to be inserted into the paint while minimizing the chances that the pot will spill or that the paint will drip.

Though the sample pot and brush submitted with an earlier request have no special markings, you indicate that when the product is imported it will include a Barney the Dinosaur logo on the pots and brushes.

The product will be imported as a set of six pots and three brushes packaged in a printed cardboard box for retail sale. Sets are classified according to General Rule of Interpretation (GRI) 3 of the Harmonized Tariff Schedule of the United States (HTS). GRI 3(b) states that sets which cannot be classified under a specific description of an article by reference to GRI 3 (a) shall be classified as if they consisted of the component which gives them their essential character. GRI 3(c) requires that when goods cannot be classified by reference to GRI 3(b), they are to be classified under the heading which occurs last in numerical order among those which equally merit consideration.
In the instant set, neither the pots nor the brushes give the set its essential character. The pots are provided for in subheading 3926.90.9590, HTS, which provides for other articles of plastics, other. The brushes are provided for in subheading 9603.30.6000, HTS, which provides for artists' brushes...valued over 10 cents each.

Therefore, the applicable subheading for the set of "Barney Paint Pots and Brushes" will be 9603.30.6000, HTS, which provides for artists' brushes, writing brushes and similar brushes for the application of cosmetics, valued over 10 cents each. The rate of duty will be 3.1 percent ad valorem.

Importations of this product might be subject to the provisions of Section 133 of the Customs Regulations if they copy or simulate a trademark, tradename or copyright registered with the United States Customs Service.

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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