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NY 807501




March 22, 1995

CLA-2-39,49:S:N8:234 807501

CATEGORY: CLASSIFICATION

TARIFF NO.: 3926.90.9890, 4911.91.4040, 4911.99.8000

Ms. Antoinette Carbone
Import Department
John T. Raia Customhouse Brokers
Airport Industrial Park, Bldg. B4B South
Valley Stream, New York 11581

RE: The tariff classification of "Pogs", from China.

Dear Ms. Carbone:

In your letter dated February 24, 1995, on behalf of your client, Panaria International, Inc., you requested a tariff classification ruling. Samples were submitted, which will be retained for reference.

The merchandise concerned is "Pogs", originating in China. "Pogs" are circular discs, usually printed, which are sometimes used to play a game, but which are principally used in the United States at this time as collectibles.

The "Pogs" represented by the samples submitted are circular discs which measure about 1 5/8 in diameter; three styles are printed (two with pictures or designs only, one with design and text) and the fourth style is not printed, but is molded plastic.

Two of the printed styles are essentially of paperboard; the third is essentially of an unidentified base metal. None of the printing appears to be by a lithographic process.

The applicable subheading for the metal pog and for the paperboard pog which does not have any printed text, will be 4911.91.4040, Harmonized Tariff Schedule of the United States (HTS), which provides for: Other (than certain enumerated) printed pictures, designs and photographs. The rate of duty will be 2.8 %.

The applicable subheading for the printed paperboard pog, which is printed with text and picture or design, will be 4911.99.8000, HTS, which provides for: Other (than previously enumerated) printed matter. The rate of duty will be 4.4 percent.

The applicable subheading for the plastic pogs, which are not printed, but are molded in the piece, will be 3926.90.9890, HTS, which provides for: Other (than certain enumerated) articles of plastics. The rate of duty will be 5.3 percent.

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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