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NY K86001

May 26, 2004
CLA-2-96:RR:NC:SP:224 K86001


TARIFF NO.: 9609.90.8000

Mr. Kevin Maher
C-Air Customhouse Brokers
181 South Franklin Avenue
Valley Stream, NY 11581

RE: The tariff classification of Shrek 2 Power Pack from China

Dear Mr. Maher:

In your letter dated May 5, 2004, on behalf of Roseart, Inc., you requested a tariff classification ruling.

You submitted descriptive literature and a product sample with your request. The sample is being returned as you wish. The subject merchandise is item 3957, called the “Shrek 2 Power Pack Fun Kit”. This is a set that includes a sticker album, stickers, crayons, markers, pencils, a sharpener, rubbing plates, and paper, all packaged in a cardboard box with a plastic carry handle and intended for retail sale.

For classification purposes this item is considered a set. Since none of the components lends an essential character to the set, the set will be classifiable under the heading that occurs last in numerical order among those which equally merit consideration. Accordingly, using the guidelines set forth by GRI 3(c), the applicable subheading for Product 3957, Shrek 2 Power Pack Fun Kit 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, contact National Import Specialist Tom McKenna at (646) 733-3025.


Robert B. Swierupski

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