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NY D85042

December 14, 1998

CLA-2-96:RR:NC:SP:233 D85042


TARIFF NO.: 9603.90.8050; 5808.90.0010; 3926.90.9880; 4421.90.6000

Mr. John C. Blaser
Blaser & Mericle, Inc.
P.O. Box 81309 AMF
Cleveland, OH 44181

RE: The tariff classification of an "Arts & Crafts Fun Pack" from China.

Dear Blaser:

In your letter dated December 2, 1998, on behalf of Manco Inc., you requested a tariff classification ruling.

The subject sample merchandise, Item 03518539 Arts & Crafts Fun Pack, is a single retail package containing the following items:

24 fuzzy sticks - 12" long multi-colored pipe cleaners made of acrylic fibers twisted around a wire stem.
22 pompoms - various size "pompoms" composed of bundles of man-made fibers secured with a thread around the middle. By virtue of General Rules of Interpretation (GRI) 4, these items are akin to pompons which are generally composed of bundles of short threads.
24 wiggle eyes - artificial eyes consisting of a disc of black plastic inside a plastic shell having an opaque white back and clear front. The black disc moves freely within the shell, giving the appearance of a movable, or "wiggle," eyeball. The back of the plastic shell is flat.
24 craft sticks - multi-colored wooden sticks measuring 4" in length and 3/8" in diameter.

Your sample is being returned as requested.

The "Arts & Crafts Fun Set" is not considered a set. The components do not meet a particular need or carry out a specific activity. Each item will be classified separately in its own appropriate heading.

The applicable subheading for the "fuzzy sticks" will be 9603.90.8050, Harmonized Tariff Schedule of the United States (HTS), which provides for brooms, brushes...other: other: other. The rate of duty will be 3.4% ad valorem. Effective January 1, 1999 the rate of duty will be 2.8% ad valorem.

The applicable subheading for the "pompoms" will be 5808.90.0010, HTS, which provides for ... tassels, pompons and similar articles, ... of man-made fibers. The rate of duty will be 6.2% ad valorem. Effective January 1, 1999 the rate of duty will be 5.8% ad valorem.

The applicable subheading for the "wiggle eyes" will be 3926.90.9880, HTS, which provides for other articles of plastics, other. The rate of duty will be 5.3% ad valorem. In 1999 the rate of duty will remain unchanged.

The applicable subheading for the craft sticks will be 4421.90.6000, HTS, which provides for other articles of wood: other: toothpicks, skewers, candy sticks, ice cream sticks, tongue depressors, drink mixers ans similar small wares: other. The rate of duty will be 5.7% ad valorem. Effective January 1, 1999 the rate of duty will be 5.1% ad valorem.

The "pompoms" fall within textile category designation 229. Based upon international textile trade agreements products of China are subject to quota and the requirement of a visa.

The designated textile and apparel categories may be subdivided into parts. If so, visa and quota requirements applicable to the subject merchandise may be affected. Part categories are the result of international bilateral agreements which are subject to frequent renegotiations and changes. To obtain the most current information available, we suggest that you check, close to the time of shipment, the Status Report on Current Import Quotas (Restraint Levels), an internal issuance of the U.S. Customs Service, which is available for inspection at your local Customs office.

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 Lawrence Mushinske at 212-466-5739.


Robert B. Swierupski

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