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NY J88771




September 19, 2003

CLA-2-95:RR:NC:SP:225 J88771

CATEGORY: CLASSIFICATION

TARIFF NO.: 9503.30.0000

Mr. Kevin Maher
C-Air Customhouse Brokers
181 South Franklin Avenue
Valley Stream, NY 11581

RE: The tariff classification of “Magnetix” from China.

Dear Mr. Maher:

In your letter dated September 12, 2003, on behalf of RoseArt Industries, you requested a tariff classification ruling.

You submitted a sample of “Magnetix” identified as style number 2810. The toy consists of 12 one-inch magnets and 8 silver metal balls that measure approximately ½ inch in diameter. The articles are used together to construct numerous geometric designs by adhering the magnets to each other or in various combinations with the metal balls. The item functions as an educational toy by introducing a child to the properties of magnetism, but the item also provides frivolous amusement even if no actual learning takes place.

The sample has been retained for training purposes.

The applicable subheading for the “Magnetix” identified as style number 2810 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.

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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