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NY C85029




April 16, 1998

CLA-2-95:RR:NC:SP:225 C85029

CATEGORY: CLASSIFICATION

TARIFF NO.: 9503.20.0030; 4202.12.2020

Mr. Marcel G. Lepine
Intercontinental Tariff Limited
368 Rue Notre-Dame, Quest
Montreal, Que, H2Y 1T9
Canada

RE: The tariff classification of a Rocket Demonstration Kit from Canada.

Dear Mr. Lepine:

In your letter dated March 10, 1998 you requested a classification ruling on behalf of your client The Mad Science Group.

The product, Rocket Demonstration Kit, contains all the necessary components and instructions to explain the fundamental principles of rocket flight, and the component pieces and necessary instruction to build and launch a model rocket. The various components are retail packed in a large trunk.

In your letter you requested classification under 9023.00.0000 which provides for "Instruments, apparatus and models, designed for demonstrational purposes in education, unsuitable for other uses". We do not agree because the various components of the kit are "suitable for other uses" besides educational demonstrations.

The applicable subheading for the Rocket Demonstration Kit will be 9503.20.003, Harmonized Tariff Schedule of the United States (HTS), which provides for Other toys: reduced-size ("scale") models and similar recreational models, working or not;....: Reduced-size ("scale") model assembly kits, whether or not working models, excluding those of subheading 9503.10; parts and accessories thereof: Assembly kits. The duty rate will be free.

HTS 9503.20.0030 is a GRI 1 set number. The large trunk is not specially fitted to hold the various components of the Rocket Demonstration Kit nor does it possess any features lending itself to the rocket building activity. Therefore, it will be classified separately.

The applicable subheading for the Plastic tote locker will be 4202.12.2020, Harmonized Tariff Schedule of the United States (HTS), which provides for Trunks, ....: Trunks, .... and similar containers: With outer surface of plastics or of textile materials: With outer surface of plastics: Structured, rigid on all sides: Trunks, suitcases, vanity cases and similar containers. The duty rate will be 20 percent ad valorem.

For your information, the marking stature, section 304, Tariff Act of 1930, as amended (19 U.S.C.1304), provides that unless excepted, every article of foreign origin (or its container) imported in the U.S. shall be marked in a conspicuous place as legibly, indelibly and permanently as the nature of the article (or its container) will permit, in such a manner as to indicate to the ultimate purchaser in the U.S. the English name of the country of origin of the article. Since the merchandise in the Rocket Demonstration Kit becomes 9503.20. by mere assembly, the individual items in the kit need to be marked with their respective countries of orign. The external retail package could list the various countries of the assembled componants with the statement "See Marking on Each Article Inside". If the individual components are not marked, then the retail package must list the various items and their respective countries of origin.

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.

Sincerely,

Robert B. Swierupski
Director

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