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NY L86204




July 12, 2005

CLA-2-96:RR:NC:2:224 L86204

CATEGORY: CLASSIFICATION

TARIFF NO.: 9609.90.8000

Ms. Lorrie Heavey
ATE Logistics, Inc.
855 South 192nd, Suite 900
SeaTac, WA 98148

RE: The tariff classification of a Giant Crayon Activity Set from China

Dear Ms. Heavey:

In your letter dated June 29, 2005, you requested a tariff classification ruling, on behalf of your client, Mayfair Artist, LLC.

You are requesting the tariff classification on an item that is identified as a “Giant Crayon”, item MA-240. The product consists of the following components: 12 jumbo crayons, 8 gel pens, 30 felt-tipped markers, 24 pieces of colored chalk, 2 sheets of black paper, and 4 sheets of white paper. The giant plastic and cardboard crayon is the container for the art supplies and the pointed end of the giant crayon is removable for storage. The sample will be returned, as requested by your office.

The item is considered a set for tariff purposes. No one heading in the tariff schedule covers these components in combination; GRI 1 cannot be used as a basis of classification. GRI 3 provides for goods that are, prima facie, classifiable in two or more headings. GRI 3 (b) provides that mixtures, composite goods consisting of different materials or made up of different components, and goods put up in sets for retail sale shall be classified as if they consisted of the material or component which gives them their essential character. GRI 3 (c) provides that when goods cannot be classified by reference to GRI 3 (b), they are classified in the heading/subheading of the tariff that occurs last in numerical order among those that equally merit consideration.

Noting GRI-3 (c), the heading/subheading that occurs last in numerical order among those that equally merit consideration would dictate the classification of the set. The heading/subheading for the crayons and chalk of the art set occurs last in numerical order in the HTS among those that equally merit consideration. Therefore, the applicable subheading for the Giant Crayon Art Set, item MA-240, 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.

Sincerely,

Robert B. Swierupski
Director,

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