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NY C80411




October 17, 1997

CLA-2-96:RR:NC:MM:113 C80411

CATEGORY: CLASSIFICATION

TARIFF NO.: 9608.20.0000

Mr. Rafael Hernandez
The Disney Store, Inc.
101 North Brand Blvd., Suite 1000
Glendale, CA 91203-2671

RE: The tariff classification of a Mini Marker Set from Taiwan

Dear Mr. Hernandez:

In your letter dated October 3, 1997, you requested a tariff classification ruling.

The merchandise is a Mini Marker Set. It is a fitted, vinyl case containing 12 porous tipped markers, 1 pencil, 1 eraser, 1 sharpener and 1 sketch pad. The case and its contents are decorated with pictures of Disney's Minnie Mouse. In the opinion of this office, the articles are a set, packaged for retail sale. They are classifiable according to the items which give it its essential character, in this case, the markers. We note that the sample you sent us is not marked with the country of origin. Before you import the item, we suggest you contact your local port for advice on the correct marking.

The applicable subheading for the set will be 9608.20.0000, Harmonized Tariff Schedule of the United States (HTS), which provides for felt tipped and other porous-tipped pens and markers. The rate of duty will be 5.6 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.

Sincerely,

Robert B. Swierupski
Chief, Metals & Machinery Branch

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