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NY L89971

January 26, 2006

CLA-2-54:RR:NC:N3:351 L89971


TARIFF NO.: 5511.10.0030, 6307.90.9889, 9503.70.0000

Rhonda L. Granet
Colorbok, Inc.
2716 Baker Road
Dexter, MI 48130

RE: The tariff classification of yarn kits and a toy set from Hong Kong or China

Dear Ms. Granet:

In your letter dated January 13, 2006, you requested a tariff classification ruling.

You submitted four (4) yarn kits and a toy set.

Item 17005QC Learn to Knit a Scarf consists of two skeins of yarn, one pair of knitting plastic needles, one plastic sewing needle, two disks to make pom poms, and a set of printed instructions. We have determined that the yarns are of acrylic staple fiber. By simple desk test we have determined that the decitex of the yarns exceeds 5000 and the weight of each skein is approximately 45 grams; this means that the yarns easily meet the tariff definition of “put up for retail sale” found in Section XI, Note 4, Harmonized Tariff Schedule of the United States (HTSUS).

The kit meets the tariff definition of sets found in General Rule of Interpretation (GRI) 3(b), HTSUS, and will be classified according to the component which imparts the essential character to the set. We have determined that the yarn imparts the essential character to the set.

Item 34889 Learn to Crochet a Hip Hat consists of 42 yards of yarn, one plastic crochet hook, and one plastic sewing needle. We have determined that these yarns are also acrylic staple fiber yarns put up for retail sale. This kit is also a set for tariff purposes and the yarn imparts the essential character to the set.

The applicable subheading for items 17005QC and 34889 will be 5511.10.0030, HTSUS, which provides for yarn (other than sewing thread) of manmade staple fibers, put up for retail sale, of synthetic staple fibers, containing 85 percent or more by weight of such fibers, acrylic or modacrylic. The duty rate will be 7.5 percent.

Subheading 5511.10.0030, HTSUS, falls within textile category designation 200. Quota and visa status are the result of international agreements that are subject to frequent renegotiations and changes. To obtain the most current information as to whether quota and visa requirements apply to this merchandise, we suggest that you check, close to the time of shipment, the “Textile Status Report for Absolute Quotas” available at our web site at www.cbp.gov. In addition, you will find current information on textile import quotas, textile safeguard actions and related issues at the web site of the Office of Textiles and Apparel, at www.otexa.ita.doc.gov.

Item 12002 Begin to Sew Teddy Bear Kit consists of pre-cut felt shapes, yarn and stuffing material, accessories for decorating, and a plastic needle. It is a set for tariff purposes and the essential character is imparted by the pre-cut felt shapes. The applicable subheading for item 12002 will be 6307.90.9889, HTSUS, which provides for other made up textile articles, other. The rate of duty will be 7% ad valorem.

Item 55205 Makit & Bakit, 8 pc. Suncatcher Deluxe Kit consists of eight metal frames, assorted colors of Makit & Bakit baking crystals, suction cups, a keychain, a magnet, a necklace, and printed instructions that are all packaged together in an illustrated cardboard box. It is a toy craft set for a child six years of age and older for making plastic “stained glass” suncatchers. To make the suncatchers, the child places the frames flat side down on a cookie sheet and then uses a straw cut at an angle or a teaspoon to fill each section with the baking crystals. Tweezers can be used to fill small spaces. You indicate that the plastic crystals will shrink slightly and flow into the corners as it melts.

The applicable subheading for item 55205 will be 9503.70.0000, HTSUS, which provides for "Other toys, put up in sets or outfits, and parts and accessories thereof." The rate of duty will be Free.

Duty rates are provided for your convenience and are subject to change. The text of the most recent HTSUS and the accompanying duty rates are provided on World Wide Web at http://www.usitc.gov/tata/hts/.

Your inquiry does not provide enough information for us to give a classification ruling on item 02302 Quickpoint, Kitten in Basket Kit. Your request for a classification ruling should include a value and weight breakdown of the yarns and the plastic components. When this information is available, you may wish to consider resubmission of your request. We shall retain the related samples, exhibits, etc., for ninety days. If you decide to resubmit your request, please reference this letter (L89971). Also, other items are shown on each box; this ruling covers only those items enumerated and described above. If you wish classification rulings on the other items, you must submit them to this office.

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 Mitchel Bayer at 646-733-3102.


Robert B. Swierupski

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