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NY D82714

October 1, 1998

CLA-2-96:RR:NC:MM:113 D82714


TARIFF NO.: 9611.00.0000; 3213.10.0000

Ms. Dawn Bialy
Paper Magic Group, Inc.
401 Adams Avenue
Scranton, PA 18510

RE: The tariff classification of a stamp kit and paint set from China

Dear Ms. Bialy:

In your letter dated September 16, 1998, you requested a tariff classification ruling.

The merchandise consists of three kits that will be used by children to paint, color, and stamp. Dudley's Press and Print Egg Coloring Stamp Kit (item number 610535) contains 5 rubber stampers, 5 color pads, 1 paint brush, and 1 measuring spoon. The handle of each stamper is a plastic rabbit figure. The kit is intended for stamping and painting hard-boiled eggs with designs such as hearts, flowers, circles, and squares. For classification purposes, Dudley's Press and Print Egg Coloring Stamp Kit constitutes a set whose essential character is imparted by the stampers.

The second item is Dudley's Watercolor Paint Set (item number 612587). It contains 8 small watercolor paints and 1 paint brush.

We are unable to provide classification advice on your third item, Dudley's Color Me Pals, because this issue is currently being addressed by Customs Headquarters.

The applicable subheading for the stamper kit will be 9611.00.0000, Harmonized Tariff Schedule of the United States (HTS), which provides for date, sealing or numbering stamps and the like, (including devices for printing or embossing labels), designed for operating in the hand. The rate of duty will be 3.2 percent ad valorem.

The applicable subheading for the paint set will be 3213.10.0000, Harmonized Tariff Schedule of the United States (HTS), which provides for artists', students' or signboard painters' colors, modifying tints, amusement colors and the like, in tablets, tubes, jars, bottles, pans or in similar forms or packings: Colors in sets. The rate of duty will be 6.5 percent ad valorem on the entire set.

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.


Robert B. Swierupski

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