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NY K89861




October 15, 2004

CLA-2-34:RR:NC:SP:237 K89861

CATEGORY: CLASSIFICATION

TARIFF NO.: 3407.00.2000

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

RE: Classification of a modeling compound play set with carrying case from England.

Dear Mr. Maher:

In your letter dated September 24, 2004, on behalf of RoseArt Industries, you requested a tariff classification ruling. Your sample is being returned.

RoseArt Style# 4362 Clay Art Jumbo Case modeling compound play set consists of 4 cellophane wrapped packages of colored modeling compound (1.40kg), 6 plastic press molds, 4 plastic cookie cutter molds, 1 plastic rolling pin, 1 plastic tool spatula and 1 printed plastic play mat (14.5”L x 10.25”W) in a plastic carrying case with printed label (17.5”L x 13.5”H x 2.75”H). For tariff purposes, the plastic carrying case is considered a packing container of a kind normally used for packing such goods and will be entered and classified with the modeling paste and accessories.

The applicable subheading for the modeling compound play set with carrying case will be 3407.00.2000, Harmonized Tariff Schedule of the United States, which provides for modeling pastes, including those put up for children’s amusement. The rate of duty is 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. For any questions regarding the ruling, contact National Import Specialist Frank Cantone at (646) 733-3038.

Sincerely,

Robert B. Swierupski
Director, National Commodity
Specialist Division


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