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NY M84609

June 27, 2006

CLA-2-96:RR:NC:SP:233 M84609


TARIFF NO.: 9603.21.0000

Ms. Jacqueline Jefferson
JAV International Inc.
500 Ocean Avenue
East Rockaway, NY 11518-1235

RE: The tariff classification of “Barbie Fairytopia Great Smile Set” from China.

Dear Ms. Jefferson:

In your letter dated June 16, 2006, on behalf of M.Z.B. Accessories LLC, you requested a tariff classification ruling.

The submitted sample is identified as “Barbie Fairytopia Great Smile Set,” Item # Style’s CBE10109. The item is comprised of a toothbrush holder with a mirror attached, 2 toothbrushes and a rinse cup, all made of plastic. The toothbrush holder is decorated with flowers and a butterfly and the rinse cup features a depiction of three “Barbie” fairies. The “Barbie Fairytopia Great Smile Set” is packaged for retail sale and is intended for children ages 3 and up.

The Explanatory Notes to the Harmonized Tariff System provide guidance in the interpretation of the Harmonized Commodity Description and Coding System at the international level. Explanatory Note X to GRI 3(b) provides that the term “goods put up in sets for retail sale” means goods that: (a) consist of at least two 2 different articles which are, prima facie, classifiable in different headings; (b) consist of articles put up together to meet a particular need or carry out a specific activity; and (c) are put up in a manner suitable for sale directly to users without repacking. Goods classifiable under GRI 3(b) are classified as if they consisted of the material or component which gives them their essential character, which may be determined by the nature of the material or component, its bulk, quantity, weight or value, or by the role of a constituent material in relation to the use of the article. The Barbie Fairytopia Great Smile Set is a set for tariff classification purposes, with the essential character imparted by the toothbrushes.

The applicable subheading for the Barbie Fairytopia Great Smile Set will be 9603.21.0000, Harmonized Tariff Schedule of the United States (HTSUS), which provides for “Toothbrushes, including dental-plate brushes.” 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/.

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 Lawrence Mushinske at 646-733-3036.


Robert B. Swierupski

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