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NY L84189

April 29, 2005

CLA-2-95:RR:NC:SP:225 L84189


TARIFF NO.: 9503.70.0000

Ms. Barbara Clausen
FedEx Trade Networks
Transport & Brokerage, Inc.
205 West Service Road
Champlain, NY 12919

RE: The tariff classification of a “Bedazzle Me Bead Set” from India, the Philippines, the United States, Taiwan, and China.

Dear Ms. Clausen:

In your letter dated April 15, 2005, on behalf of Battat, Inc., you requested a tariff classification ruling.

You submitted a sample of a “Bedazzle Me Bead Set” identified as style number BE1270KCP. The toy set consists of four plastic trays that have twenty-five square compartments filled with jewelry making components, an instruction sheet, and a plastic stand to hold the four trays. Each tray has a hinged clear plastic cover and has its compartments filled with specific components (assorted colored, shaped and sized seed beads, assorted colored, shaped and sized findings, assorted colored, shaped and sized glass beads, and assorted colored, shaped and sized plastic beads). By following the instructions, a child 8 years of age and older will derive amusement while learning how to make rudimentary necklaces, bracelets, and other jewelry pieces.

You state that the waxed/hemp cords, seed beads, glass beads and pendants are made in India, the coco beads and wood beads are made in the Philippines, the metal wire is made in the United States, the spring necklace and bracelet are made in Taiwan, and the plastic stand and remainder of the set is made in China. In order to comply with marking requirements, all of the components and their countries of origin must be listed on the external packaging of the toy set in a conspicuous manner. If a good is determined to be an article of U.S. origin, it is not subject to the country of origin marking requirements of 19 U.S.C. §1304. Whether an article may be marked with the phrase "Made in the USA" or similar words denoting U.S. origin, is an issue under the authority of the Federal Trade Commission (FTC). We suggest that you contact the FTC Division of Enforcement, 6th and Pennsylvania Avenue, N.W., Washington, D.C. 20508 on the propriety of proposed markings indicating that an article is made in the U.S.

Your sample is being returned as requested.

The applicable subheading for “Bedazzle Me Bead Set” identified as style number BE1270KCP 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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