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NY J89706

October 20, 2003

CLA-2-95:RR:NC:SP:225 J89706


TARIFF NO.: 9503.70.0000

Ms. Barbara Y. Wierbicki
Tompkins & Davidson, LLP
One Astor Plaza
1515 Broadway
New York, NY 10036-8901

RE: The tariff classification of a “My Scene™ ‘My Charms’ Activity Set” from China.

Dear Ms. Wierbicki:

In your letter dated October 14, 2003, on behalf of your client, Tara Toy Corporation, you requested a tariff classification ruling.

You have submitted a prototype sample of a “My Scene™ ‘My Charms’ Activity Set” identified as item number 87005. The item is a toy craft kit packaged in a cardboard box with a window display that consists of 1 Zodiac chart, 1 wire tool, 1 storage bag, 2 sheets of stickers/charm labels, 3 single wire steel “bracelets”, 4 disc charms, 7 flower-shaped beads, 10 charm icons, 10 multi-colored plastic beads, 10 plastic silver spacer beads, and 20 silver plastic beads. The kit also contains 1 “tip booklet” that serves as an instructional guide for girls 6 years of age and older on making and decorating Zodiac theme bracelets. The storage bag is made of cotton fiber textile material and measures approximately 4 inches in height and 4-1/2 inches in length with a skyscraper motif. The storage bag will be used to hold the various components of this bracelet-making toy kit.

The described set is put up in a manner indicating its use as a toy for the amusement of children. Emphasis is placed on the “creative” aspects offered in making and decorating these bracelets, as opposed to purchasing a ready-made product. Provided the articles will be imported packaged as a set for retail sale, it will be classified as a toy set in Chapter 95 of the Harmonized Tariff Schedule.

Your sample is being returned as you requested.

The applicable subheading for the “My Scene™ ‘My Charms’ Activity Set” identified as item number 87005 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.

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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