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NY K85033




April 14, 2004
CLA-2-95:RR:NC:SP:225 K85033

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 X-treme” from China.

Dear Mr. Maher:

In your letter dated April 7, 2004, on behalf of RoseArt Industries, you requested a tariff classification ruling.

You submitted a sample of “Magnetix X-treme” identified as item 2823. The item consists of a magnetic constructional toy comprised of 28 steel balls that measure approximately ½” in diameter and 12 Magnetix squares (1-1/2” plastic squares with magnets) that are packaged together inside an illustrated cardboard box. The magnetized squares and the steel balls are used jointly to build geometric and architectural structures. To construct a shape, the magnetized end of a plastic square is “adhered” to a steel ball, which in turn is linked to other magnetized plastic squares to form the various shapes. This constructional toy is intended to stimulate a child’s cognitive and manipulative skills in an amusing fashion.

The applicable subheading for “Magnetix X-treme” identified as item 2823 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.

Your sample is being returned as requested.

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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