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NY 880244




December 15, 1992

CLA-2-95:S:N:N8:225 880244

CATEGORY: CLASSIFICATION

TARIFF NO.: 9503.90.6000

Mr. Daniel Rainer
Hasbro Inc.
32 West 23rd Street
New York, New York 10010

RE: The tariff classification of toy tools from China

Dear Mr. Rainer:

In your letter dated November 12, 1992, received in this office on November 16, 1992, you requested a tariff classification ruling.

Samples of the five products in question were received under separate cover. Each item is part of a series called "Cool Tools". All the tools are made of die cast zamac (zinc) with shiny plating. You have indicated to us that the tools will be separately imported in a blister pack with their own specially constructed pouch capable of holding one single tool. The tools measure no more than three inches in length. They are identified by assortment number as follows: Asst. # 3736 Monkey Wrench, Asst. #3737 Pliers, Asst. #3738 Hammer, Asst. #3739 Needle Nose and Asst. #3740 Open End Wrench. Your samples are being returned as requested.

A toy is defined as an article designed for the amusement of children or adults. Based upon the Explanatory Notes for Heading 9503 certain toys...may be capable of a limited "use"; but they are generally distinguishable by their size and limited capacity from the real thing. Due to the size, construction and intended use of the "Cool Tools" described above this office finds the items qualify for the toy provision.
Classification is based upon the General Rules of Interpretation. Specifically GRI 3(b) states "goods made up of different components, and goods put up in sets for retail sale, which cannot be classified by reference to 3(a), shall be classified as if they consisted of the material
or component which gives them their essential character". In the case of "Cool Tools", where a tool is packaged with its own pouch, the tool imparts the essential character of the set. The pouch is specially designed to store the tool when not in use and would not normally be sold separately.
The applicable subheading for the "Cool Tools" will be 9503.90.6000, Harmonized Tariff Schedule of the United States (HTS), which provides for other toys (except models), not having a spring mechanism. The duty rate will be 6.8 percent ad valorem.

Section 304 of the Tariff Act of 1930 as amended, states that all articles entering the commerce of the United States must be marked with the country of origin as permanently and conspicuously as the article will permit. Please ensure that these requirements are met.

This ruling is being issued under the provisions of Section 177 of the Customs Regulations (19 C.F.R. 177).

A copy of this ruling letter should be attached to the entry documents filed at the time this merchandise is imported. If the documents have been filed without a copy, this ruling should be brought to the attention of the Customs officer handling the transaction.

Sincerely,

Jean F. Maguire

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