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NY J85109





June 4, 2003

CLA-2-95:RR:NC:SP:225 J85109

CATEGORY: CLASSIFICATION

TARIFF NO.: 9503.90.0080

Mr. Dennis Morse
BDP International
2721 Walker Avenue N.W.
Grand Rapids, MI 49504

RE: The tariff classification of a Stickerizer™ and a Stickerizer™ Refill Set from China.

Dear Mr. Morse:

In your letter dated May 22, 2003, on behalf of your client, Meijer Distribution, you requested a tariff classification ruling.

You submitted samples of a Stickerizer™ identified as Item #60020 and a Stickerizer™ Refill Set identified as Item #60011. The Stickerizer™ consists of a plastic toy machine that measures approximately 5-1/2 inches in height x 4-1/2 inches in thickness x 8 inches in length, with a rectangular-shaped opening in front and back and a large knob on one side. The item is used to add an adhesive backing to paper articles so that they can be used to design greeting cards, invitation cards, and other items. To operate, the user feeds the article face-up through the rectangular front opening while turning the side knob. This causes double-sided adhesive tape inside the machine to adhere to the item. After the item emerges from the rectangular opening in the back of the machine, it can be cut to shape, its backing peeled off, and then stuck on the supplied cards or other items. The item is intended for a child five years of age and older to design his/her own stickers, cards, and party invitations. An instruction booklet is included that suggests various creative uses for the machine. The Stickerizer™ Refill Set contains a replacement adhesive cartridge for the Stickerizer,™ extra invitation cards and design sheets, and works exclusively with the Stickerizer.™ The item has limited use and is the toy version of a functional item.

Your samples are being returned upon your request.

The applicable subheading for the Stickerizer™ identified as Item #60020 and the Stickerizer™ Refill Set identified as Item #60011 will be 9503.90.0080, Harmonized Tariff Schedule of the United States (HTS), which provides for “Other toys; reduced-size ("scale") models and similar recreational models, working or not; puzzles of all kinds; parts and accessories thereof: Other: Other.” 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 Wong at 646-733-3026.

Sincerely,

Robert B. Swierupski
Director,

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