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NY I82711




June 6, 2002

CLA-2-95:RR:NC:SP:225 I82711

CATEGORY: CLASSIFICATION

TARIFF NO.: 9503.30.0000

Mr. Joseph R. Hoffacker
Barthco Trade Consultants, Inc.
7575 Holstein Avenue
Philadelphia, PA 19153

RE: The tariff classification of a 200 PC Block Set With Tote Bag from China.

Dear Mr. Hoffacker:

In your letter dated May 29, 2002, on behalf of K.B. Toys, you requested a tariff classification ruling.

The sample submitted, Item #52386, 200 PC Block Set With Tote Bag, consists of 200 toy wooden building blocks that, although of different shapes, are intended to be used together to form structures by children aged two years and older. The wooden blocks are separated into two plastic bags, with one bag containing plain blocks and the other bag containing assorted colored blocks. The wooden blocks are packaged in a rectangular shaped cardboard box that measures approximately 12 inches in height x 4 inches in width x 20 inches in length with instructions illustrating how flaps located on top of the box can be perforated and folded over to form carrying handles. A tote bag has also been included with the wooden blocks but it is not specially designed or fitted to contain the wooden blocks. In fact, as indicated above, the cardboard box, not the tote bag, is the intended conveyance for the wooden blocks. Therefore, the tote bag will be classified separately from the wooden blocks.

The applicable subheading for the 200 PC Block Set of Item #52386, 200 PC Block Set With Tote Bag, 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.

We are unable to issue a ruling on the tote bag without the following information: (1) Please provide the fabric composition of the tote bag. (2) Please provide the fiber content by weight of the exterior fabric. Should you still require a ruling on the tote bag, resubmit the tote bag along with the requested information in your new ruling request.

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 Wong at 646-733-3026.

Sincerely,

Robert B. Swierupski
Director,

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