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NY F83958




March 14, 2000

CLA-2-96:RR:NC:SP:221 F83958

CATEGORY: CLASSIFICATION

TARIFF NO.: 9610.00.0000

Ms. Khem Lall
Federated Merchandise Group
1440 Broadway
New York, NY 10018

RE: The tariff classification of a chalkboard from China.

Dear Ms. Lall:

In your letter dated February 29, 2000, you requested a tariff classification ruling.

A sample was provided with your letter. The chalkboard (X976N699) is composed of metal and measures 19 ¼ inches in length by 17 3/4 inches in width. A wooden photograph frame is included. The photograph frame measures 6 inches in length by 4 ½ inches in width. The frame is secured to the chalkboard by magnets so that it can be moved to various locations on the board. The chalkboard will also include chalk and magnets to hold notes to the board. The chalkboard, photograph frame, chalk and magnets will be classified together. The chalkboard imparts the essential character. As you requested, the sample is being returned.

You have suggested classification in heading 9503, and have cited NY Ruling A85783. However, the product of that ruling was not a chalkboard but rather a message board in which impressions were made via the use of a magnetic writing tool to move magnetic particles contained within the board. In contrast to the instant chalkboard, the magnetic board did not have a writing surface.

The applicable subheading for the chalkboard will be 9610.00.0000, Harmonized Tariff Schedule of the United States (HTS), which provides for slates and boards, with writing or drawing surfaces, whether or not framed. The rate of duty will be 3.5 percent ad valorem.

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 Joan Mazzola at 212-637-7034.

Sincerely,

Robert B. Swierupski
Director,

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