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NY 893281





January 5, 1994

CLA-2-95:S:N:N8:225 893281

CATEGORY: CLASSIFICATION

TARIFF NO.: 9503.90.6000

Ms. Dawne Pezzuco
Hasbro, Inc.
1027 Newport Avenue
P.O. Box 1059
Pawtucket, Rhode Island 02862-1059

RE: The tariff classification of toy tools from China

Dear Ms. Pezzuco:

In your letter dated December 15, 1993, you requested a tariff classification ruling.

Samples from the "Cool Tools Asst. II" series were submitted with your inquiry. All the tools are made of die cast zamac (zinc) with shiny plating. Each tool will measure no more than 3 inches in length. 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 assorted tools are identified as follows: #3771/ball pen hammer, #3772/ hacksaw, #3773/wood brace, #3774/carpenter's square, #3775/ philips screwdriver, #3776/c-clamp, #3777/locking pliers, #3778/wood chisel, #3779/rip saw, #3780/jack plane, #3781/channel locks and #3782/ nut driver.

Although the tools are capable of a "limited use" they are distin- guishable by their size, construction and limited capacity from real hand tools. This office finds the "Cool Tools Asst. II" qualify for the toy provision. Your samples are being returned as requested.

The applicable subheading for the above described toys from the "Cool Tools Asst. II" assortment 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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