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NY 806361




February 3, 1995

CLA-2-49:S:N8:234 806361

CATEGORY: CLASSIFICATION

TARIFF NO.: 4911.91.3000

Mr. Mark Rave
ClearFreight Corp.
P.O. Box 280665
San Francisco, CA 94128

RE: The tariff classification of an astronomy-theme room decorating set, including luminous, self-adhesive plastic stars and printed paperboard planets, from China; pictures; mobiles; thread; yarn; quota; visa.

Dear Mr. Rave:

In your letter dated January 20, 1995, on behalf of your client, Great Explorations, Inc., you requested a tariff classification ruling.

A sample known as a "Glow In The Dark Night Sky" kit was submitted and is being returned as requested. Packed in a printed, recloseable retail carton, the kit includes a number of items enabling the user to decorate the walls and ceilings of a room with luminous depictions of celestial objects.

The major components are a quantity of small, self-adhesive plastic stars and the like (mounted on three 14 x 21 cm sheets of release paper), and 11 paperboard discs, each printed with a picture representing the surface appearance of the earth, moon or particular planet. The paperboard discs, which range from about 3 to 19 cm in diameter and from 0.65 to 0.95 mm in thickness, appear to be lithographically printed. Some of the discs are designed to be made into a mobile; some small steel rods, plastic connecting pieces, a length of textile thread (put up on a small paperboard card), and instructions are included for this purpose. Both the plastic star stickers and the printed paperboard planet discs are said to incorporate a non-toxic phosphorescent pigment which imparts a glow-in-the-dark effect.

The kit also includes a small printed constellation chart, a printed list of astronomy-related facts, and one sheet of several small printed paper stickers depicting galaxies, star clusters and the like.

We find that the above-described items comprise, for tariff purposes, "goods put up in sets for retail sale." With reference to General Rule of Interpretation ("GRI") 3(c), Harmonized Tariff Schedule of the United States (HTS), we find that the self- adhesive plastic stickers (heading 3919) and the printed (pictorial) paperboard discs (heading 4911) equally merit consideration in determining the classification of the set, but that neither of those components alone can be said to impart the essential character of the whole. Under such circumstances, GRI 3(c) directs that the set be classified under the heading which occurs last in numerical order.

Accordingly, the applicable subheading for the "Glow In The Dark Night Sky" kit will be 4911.91.3000, HTS, which provides for other (than certain enumerated) printed matter...pictures, designs and photographs...lithographs on paper or paperboard: over 0.51 mm in thickness. The rate of duty will be free.

Please note that the textile "thread" (which appears to be spun, synthetic man-made fiber yarn put up for retail sale) falls within textile category 200 and, while not separately classifiable, is nevertheless subject to quota and visa requirements based on international textile trade agreements.

The designated textile category may be subdivided into parts. If so, visa and quota requirements applicable to the subject merchandise may be affected. Since part categories are the result of international bilateral agreements which are subject to frequent renegotiations and changes, to obtain the most current information available, we suggest that you check, close to the time of shipment, the Status Report on Current Import Quotas (Restraint Levels), an internal document of the U.S. Customs Service, which is available for inspection at your local Customs office.

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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