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NY I86910




October 11, 2002

CLA-2-96:RR:NC:2:224 I86910

CATEGORY: CLASSIFICATION

TARIFF NO.: 9609.90.8000

Ms. Lorianne Aldinger
Rite Aid Corporation
P.O. Box 3165
Harrisburg, PA 17105

RE: The tariff classification of item #930097, “2 Chalk with 3 Bottles Sidewalk Paint” from China.

Dear Ms. Aldinger:

In your letter dated September 24, 2002, you requested a tariff classification ruling.

You are requesting the tariff classification on an item that has been identified as item #930097, “2 Chalk, with 3 Bottles Sidewalk Paint”. The item consists of two large pieces of colored glitter chalk, 3 bottles of sidewalk paint, 1 stencil, 1 sponge and 1 paintbrush. The product will be considered a set for the purposes of the HTS, however the essential character of the set cannot be determined therefore the classification will be based on GRI 3 (c). GRI (General Rule of Interpretation) 3 (c) dictates that the item of the set that comes last in the tariff will determine the classification of the whole set. In the instant case, the chalk classification is the last classification of all the possible ones involved. Therefore, the set will be classified in Chapter 96 of the HTSUSA as other chalks.

The applicable subheading for item #930097 (“2 Chalk, with 3 Bottles Sidewalk Paint”) will be 9609.90.8000, Harmonized Tariff Schedule of the United States (HTS), which provides for pencilscrayons, pencil leads, pastels, drawing charcoals, writing or drawing chalks and tailors’ chalks: other: other. The rate of duty will be free.

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, please contact National Import Specialist Tom McKenna at 646-733-3025.

Sincerely,

Robert B. Swierupski
Director,

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