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NY J87628




August 20, 2003

CLA-2-49:RR:NC:2:234 J87628

CATEGORY: CLASSIFICATION

TARIFF NO.: 4911.99.8000

Mr. Ron Stuart
President
Learning Wrap-Ups, Inc.
1660 West Gordon Ave.#4
Layton, Utah 84041

RE: The tariff classification of “Learning Wrap-Ups” from China

Dear Mr. Stuart:

In your letter dated July 22, 2003, you requested a tariff classification ruling for the referenced articles. Samples were submitted, which will be retained for our records.

The samples are retail-packaged bundles of plastic key-shaped articles measuring about 5 ¾” in length and 2” wide, bound together at the “top” of the key shape with a swivel rivet. Each key is printed “Learning Wrap-Ups”, and with numbers or words printed alongside rounded notches along the edges. A string is provided, which, when placed in appropriately identified notches, will provide answers to arithmetic or geographic problems. The printed instructions on the packaging read, “Select key”, “Solve Problem”, “Turn Over”, & “Check Answers”.

The device is a learning instrument, akin to “flash cards”, and is not a toy of 9503.90.0020.

The applicable subheading for the “Learning Wrap-Ups” will be 4911.99.8000, Harmonized Tariff Schedule of the United States (HTS), which provides for: Other (than previously specified) printed matter. The rate of duty will be 0.5 percent ad valorem.

The articles, the product of China, are not marked to indicate that they are such product of China. They bear the full name and address of your company. Each imported article will need to be marked, in proximity to your United States address, and in type of comparable size, so that the ultimate purchaser at retail will know that the product is made in China.

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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