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NY J83600

April 21, 2003

CLA-2-96:RR:NC:2:224 J83600


TARIFF NO.: 9608.20.0000

Ms. Kim Lightle
Advance Watch Company Ltd
25800 Sherwood
Warren, MI 48091

RE: The tariff classification of a Spray Art Airbrush Pen Kit from China.

Dear Ms. Lightle:

In your letter dated March 24, 2003, you requested a tariff classification ruling.

You are requesting the tariff classification on an item that is described as a Spray Art Airbrush Pen Kit; no style number is designated for this product. The set is comprised of the following components: Spray Art Airbrush Pen holder, 6 color pen cartridges, 6 stencils, 8 cards, 8 envelopes, 10 bookmarks, 6 postcards and 12 sheets of paper. You have not requested the return of your sample.

The Explanatory Notes to the Harmonized Tariff System provide guidance in the interpretation of the Harmonized Commodity Description and Coding System at the international level. Explanatory Note X to GRI 3 (b) provides that the term “goods put up in sets for retail sale” means goods that: (a) consist of at least two different articles which are, prima facie, classifiable in different headings; (b) consist of articles put up together to meet a particular need or carry out a specific activity; and (c) are put up in a manner suitable for sale directly to users without re-packing. Goods classifiable under GRI 3 (b) are classified as if they consisted of the material or component which gives them their essential character, which may be determined by the nature of the material or component, its bulk, quantity, weight or value, or by the role of a constituent material in relation to the use of the article. This office considers the Spray Art Airbrush Pen Kit to be a set for tariff classification purposes, with the essential character imparted by the Airbrush Pen portion of the set.

The applicable subheading for the Spray Art Airbrush Pen Set will be 9608.20.0000, Harmonized Tariff Schedule of the United States (HTS), which provides for felt tipped and other porous-tipped pens and markers. The rate of duty will be 4 % ad valorem.

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 Tom McKenna at 646-733-3025.


Robert B. Swierupski

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