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NY J80696




February 7, 2003

CLA-2-48:RR:NC:SP:234 J80696

CATEGORY: CLASSIFICATION

TARIFF NO.: 4823.90.6600

Mr. Joseph Stinson
Liss Global, Inc.
7746 Dungan Road
Philadelphia, PA 19111

RE: The tariff classification of flocked picture cards with pens, from China.

Dear Mr. Stinson:

In your letter dated January 30, 2003, you requested a tariff classification ruling.

A sample identified as “HTP Velvet Picture Treats” (item #932021) was submitted and is being returned to you as requested. It is a retail bag containing 16 “Velvet Treat” packets intended to be given out to children on Halloween. Each packet contains a 2¾” x 3¾” flocked paper “picture card” together with a small (3”) felt-tipped marker pen. The cards bear assorted designs or scenes (involving jack-o-lanterns, bats, tombstones, etc.) formed by black flock affixed to selected portions of the surface. The white, unflocked areas are to be colored using the pen provided.

You propose classifying this product in subheading 9505.90.6000, Harmonized Tariff Schedule of the United States (HTS), which provides for other (than certain enumerated) festive, carnival or other entertainment articles. We find, however, that because the product is not used either to decorate the home or to entertain in the home on Halloween, it is not classified within heading 9505, HTS.

For tariff purposes, the merchandise will be regarded as “goods put up in sets for retail sale” whose essential character is imparted by the flocked paper cards.

The applicable subheading for the “HTP Velvet Picture Treats” will be 4823.90.6600, Harmonized Tariff Schedule of the United States (HTS), which provides for other (non-enumerated) articles of coated paper or paperboard. The rate of duty will be 0.6%.

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 Carl Abramowitz at 646-733-3037.

Sincerely,

Robert B. Swierupski
Director,

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