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NY I88655

December 12, 2002

CLA-2-95:RR:NC:SP:225 I88655


TARIFF NO.: 9503.70.0000

Ms. Darlene D. Jones
Schenker, Inc.
1300 Diamond Springs Road
Virginia Beach, VA 23455

RE: The tariff classification of “My Tool Set” from China.

Dear Ms. Jones:

In your letter dated November 27, 2002, on behalf of The Little Tikes Company, you requested a tariff classification ruling.

You submitted the following samples:

“My Tool Set” is a toy tool set consisting of plastic tools (saw, ratchet, pliers, hammer, level, screwdriver with removable driver heads--flat & phillips--tape measure, clamp, safety goggles), and a plastic block with three screws that can be removed and re-inserted utilizing the phillips head screwdriver. All of the articles are packaged inside a clear plastic tool case that measures approximately 10 inches in height x 3-1/2 inches in width x 11 inches and has a handle for transporting the tools to the “job site.” A cardboard header depicting a child playing with the tools was included with the sample. Provided that the tools are sold with the tool case, the entire product will be considered a toy set put for the amusement of children.

The applicable subheading for “My Tool Set” will be 9503.70.0000, Harmonized Tariff Schedule of the United States (HTS), which provides for “Other toys, put up in sets or outfits, and parts and accessories thereof.” The rate of duty will be free.

Your inquiry does not provide enough information for us to give a classification ruling on the “Playgo” plastic suitcase. Please identify the name and style or item number for the article. Additionally, include a value breakdown for each of the components in the suitcase, as well as the suitcase itself, and state whether the goods are imported packed ready for retail sale without repacking. When this information is available, you may wish to consider resubmission of your request. We are returning any related samples, exhibits, etc. If you decide to resubmit your request, please include all of the material that we have returned to you.

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 Wong at 646-733-3026.


Robert B. Swierupski

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