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NY 810124




May 25, 1995

CLA-2-95:N:N8 225 810124

CATEGORY: CLASSIFICATION

TARIFF NO.: 9503.30.0020; 9503.70.0030

Mr. James R. Cahill
Cahill Customs Consulting, Inc.
P.O. Box 821067
South Florida, Florida 33082-1067

RE: The tariff classification of constructional toys and a toy set from the Bahamas

Dear Mr. Cahill:

In your letter dated April 21, 1995, received in this office on April 27, 1995, you requested a tariff classification ruling on behalf of your client Kristal Corporation.

Three samples were submitted with your inquiry. Two items #701 an "Archaeology Kit" and #833 "Expedition Dinosaur Kit" are designed to introduce children to the science of archaeology. The "Archaeology Kit" will produce an "Etruscan Vase" and the "Expedition Dinosaur Kit" will produce the skeleton of a tyranno- saurus. The user is given instructions to chip away at a soft rock to expose an ancient piece of art or the "fossilized remains" of a dinosaur. In order to mimic a real excavation, the article is discovered in pieces which must be washed, dried, assembled and glued together.

The "Space Age Crystals" kit, item #6125, demonstrates how to grow crystals from rocks. A solution of water and chemicals is combined and poured over a rock. After several days the growing process is completed and the crystals can be removed. The necessary chemicals, trays and instructions are provided.

Each kit will be imported in a closed box for retail sale. Your questions pertaining to entry procedures were addressed in a phone conversation with the National Import Specialist handling this commodity.

The applicable subheading for the "Archaeology Kit" and "Expedition Dinosaur Kit" will be 9503.30.0020, Harmonized Tariff Schedule of the United States (HTS), which provides for other construction sets and constructional toys, and parts and accessories thereof: other. The rate of duty will be free.

The applicable subheading for the "Space Age Crystals" will be 9503.70.0030, Harmonized Tariff Schedule of the United States (HTS), which provides for other toys, put up in sets or outfits, and parts and accessories thereof: other: other. The rate of duty will be free.

Section 304 of the Tariff Act of 1930 as amended, states that all articles entering the commerce of the United States must be marked in a conspicuous place as legibly, indelibly and permanently as the nature of the article (or its container) will permit. Section 134.46, Customs Regulations (19 CFR 134.46), requires that in any case in which the words "United States," or "American," the letters "U.S.A.," any variation of such words or letters, or the name of any city or locality in the United States, or the name of any foreign country or locality other than the country or locality in which the article was manufactured or produced, appears on an imported article or its container, there shall appear, legibly and permanently, in close proximity to such words, letters, or name, and in at least a comparable size, the name of the country of origin preceded by "Made in," Product of," or other words of similar meaning. The purpose of this section is to prevent the possibility of misleading or deceiving the ultimate purchaser as to the actual origin of the imported goods. Please ensure that your products reflect the proper country of origin marking requirements.

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
Area Director

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