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NY C88419


June 16, 1998

CLA-2-95:RR:NC:SP:225 C88419

CATEGORY: CLASSIFICATION

TARIFF NO.: 9503.30.0000

Ms. Nadine Nemec

Formabilities, Inc.

Walnut Hill, Unit 26

731 W. Wynnewood Road

Ardmore, PA 19003

RE: The tariff classification of toy construction sets from China

Dear Ms. Nemec:

In a letter dated May 27, 1998 from David Joyce of Joyce Logistics, Inc., a tariff classification ruling was requested on your behalf.

You have submitted pictures, descriptions and one representative sample of five similar products. The articles are identified as follows:

1) Set 0: "Small HooLoo Critter" - 6 piece set

2) Set 4: "HooLoo Girl" - 48 piece set

3) Set 5: "Mini Panel with Single Finger Puppet" -

44 pc. set

4) Set 8: "Plastic Panel Stand" - 2 piece set

5) Set 15:"Institutional ½ Set" - 225 piece set

The sets described in items 1, 2, 3 and 5, will include a combination of the following articles: fabric pieces in assorted shapes, hook and loop fasteners, rigid panels covered with textile material, feathers (turkey or mallard) and plastic stands. The fabric shapes adhere to the panels via hook and loop fastener material. One may create, with the fabric pieces, assorted patterns and designs on the display panels. The finished work may then be dismantled allowing for reconstruction of a new and different design. The larger set, designated as "Institutional ½ Set," contains several panels which may be connected to form one large surface area permitting a group of children to partake in the activity.

Item 4, the "Plastic Panel Stand," consists of triangle shaped plastic brackets for use in holding the rigid panels in an upright position. Due to their unique configuration, the plastic stands do not have any further use other than with the panels for which they are designed. Therefore, the stands will be considered as parts of the toy construction sets. Your sample is being returned as requested.

The applicable subheading for the "Small HooLoo Critter," "HooLoo Girl," "Mini Panel with Single Finger Puppet," "Plastic Panel Stand" and "Institutional ½ Set" will be 9503.30.0000, Harmonized Tariff Schedule of the United States (HTS), which provides for other construction sets and constructional toys, and parts and accessories thereof. The rate of duty will be free.

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

A copy of the ruling or the control number indicated above should be provided with the entry documents filed at the time this merchandise is imported. If you have any questions regarding the ruling, contact National Import Specialist

Alice J. Wong at 212-466-5538.

Sincerely,


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