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NY J87392




July 18, 2003

CLA-2-96:RR:NC:2:224 J87392

CATEGORY: CLASSIFICATION

TARIFF NO.: 9610.00.0000

Ms. Susan D. Klingbeil
496 W. Germantown Pike
Plymouth Meeting, PA 19462

RE: The tariff classification of the Magnetic Writing Board from China

Dear Ms. Klingbeil:

In your letter dated July 9, 2003, you requested a tariff classification ruling.

You are requesting the tariff classification on an item that is described as a Magnetic Writing Board (Jagga board). The designation for the product is article #: 00049704. The magnetic board incorporates a small battery operated clock in the right hand portion of the item. The board is constructed of wood and plastic and it will be sold in the poster and frame department. A photograph was submitted, in lieu of a sample.

The Explanatory Notes to the Harmonized Tariff System provide guidance in the interpretation of the Harmonized Commodity Description and Coding System at the international level. Goods classifiable under GRI 3 (b) are classified as if they consisted of the material or component which gives them their essential character, which may be determined by the nature of the material or component, its bulk, quantity, weight or value, or by the role of a constituent material in relation to the use of the article. GRI 3 (c) provides that when goods cannot be classified by reference to GRI 3 (a) or 3 (b), they are classified in the heading that occurs last in numerical order among those which equally merit consideration.

The magnetic writing board with clock, item # 00049704, is considered a composite good for tariff classification purposes. No single component imparts the essential character to the item, so the merchandise will be classified in accordance with GRI 3 (c). The heading for boards with writing or drawing surfaces appears last in numerical order among the competing headings which equally merit consideration, therefore the product will be classified in Chapter 96 of the HTS as a board with a writing or drawing surface.

The applicable subheading for the Magnetic Writing Board, article #: 00049704, will be 9610.00.0000, Harmonized Tariff Schedule of the United States (HTS), which provides for slates and boards, with writing surfaces, whether or not framed. The rate of duty will be 3.5% 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 Tom McKenna at 646-733-3025.

Sincerely,

Robert B. Swierupski
Director,

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