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NY K89866

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October 14, 2004

CLA-2-48:RR:NC:SP:234 K89866

CATEGORY: CLASSIFICATION

TARIFF NO.: 4823.90.6600; 4820.10.2020; 3919.90.5060; 9609.10.0000; 8214.10.0000; 3926.10.0000; 4016.92.0000; 7117.90.7500; 9611.00.0000; 9612.20.0000; 9608.20.0000

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

RE: The tariff classification of a child’s activity kit from China.

Dear Mr. Maher:

In your letter dated September 24, 2004, you requested a tariff classification ruling on behalf of Rose Art Industries, Inc.

A sample identified as a “Bratz Groove ‘N Glam Art Set” (item # 6179) was submitted for our examination and is being returned to you as requested. It consists of a number of articles packed together in a paperboard retail display carton. However, since the articles relate to more than one activity (e.g., coloring on paper and adorning the body with jewelry), the merchandise will not be regarded for tariff purposes as “goods put up in sets for retail sale,” meaning that the individual components will be classified separately. They are listed below, each followed by the applicable subheading in the Harmonized Tariff Schedule of the United States (HTS), duty rate and tariff description.

A 12” x 11” “fuzzy poster” and a 6” x 4” “fuzzy postcard,” both of which are sheets of white paper, partially coated with black flock so as to form pictures/designs. The white (unflocked) areas may be colored by the user. The “postcard” is not printed or otherwise prepared for mailing. 4823.90.6600/ Free. (Other articles of coated paper or paperboard.)

A 4½” x 6” “sticker album” and a 4¾” x 4” “holographic-cover pad,” both of which are blank paper pads featuring paper covers printed with holographic designs. 4820.10.2020/ Free. (Memorandum pads, letter pads and similar articles, of paper or paperboard.)

7 sheets of die-cut stickers printed with assorted pictures and designs. All are made of flat, pressure-sensitive sheets of plastic film. 3919.90.5060/ 5.8%. (Other self-adhesive plates, sheets, film, foil, tape, strip and other flat shapes, of plastics.)

One 7” pencil with eraser tip and ten 3½” colored pencils. 9609.10.0000/ 14 cents per gross + 4.3%. (Pencils and crayons, with leads encased in a rigid sheath.) [Note: The pencils may be subject to antidumping duties. A list of AD proceedings at the Department of Commerce (DOC) and their product coverage can be obtained from the DOC website at: http://ia.ita.doc.gov, or you may write to them at the U.S. Department of Commerce, International Trade Administration, Office of Antidumping Compliance, 14th Street and Constitution Avenue, N.W., Washington, DC 20230. Written decisions regarding the scope of AD/CVD orders are issued by the Import Administration in the Department of Commerce and are separate from tariff classification rulings issued by Customs.]

A small handheld pencil sharpener. 8214.10.0000/ 0.3 cents each + 4.2%. (Pencil sharpeners (nonmechanical).)

A small round eraser. If the eraser is of plastics: 3926.10.0000/ 5.3% (Other articles of plastics office or school supplies.) Or, alternatively, if the eraser is of rubber: 4016.92.0000/ 4.2% (Other articles of vulcanized rubber other than hard rubbererasers.)

3 plastic “crystal tattoos” (valued at $0.36 for 3), for use in adorning the body. 7117.90.7500/ Free. (Imitation jewelry: Other: Other: Valued over 20 cents per dozen pieces or parts: Other: Of plastics.)

4 small rubber stamps in assorted designs. 9611.00.0000/ 2.7% (Date, sealing or numbering stamps and the like designed for operating in the hand.)

A small stamp pad (ink pad). 9612.20.0000/ 3.5%. (Ink pads.)

6 felt-tipped markers in assorted colors. 9608.20.0000/ 4%. (Felt-tipped and other porous-tipped pens and markers.)

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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See also:

• Tariff No.: 3919.90.50 - Self-adhesive plates, sheets, other flat shapes, of plastics, not having a light-reflecting surface produced by glass grains, nesoi
• Tariff No.: 3926.10.00 - Office or school supplies, of plastics
• Tariff No.: 4016.92.00 - Erasers, of noncellular vulcanized rubber other than hard rubber
• Tariff No.: 4820.10.20 - Diaries, notebooks and address books, bound; letter and memorandum pads and similar articles, of paper or paperboard
• Tariff No.: 4823.90.66 - Articles of coated paper or paperboard, nesoi
• Tariff No.: 7117.90.75 - Imitation jewelry of plastics, nesoi, over 20 cents/dozen pcs or pts
• Tariff No.: 8214.10.00 - Base metal paper knives, letter openers, erasing knives, nonmechanical pencil sharpeners and blades and base metal parts thereof
• Tariff No.: 9608.20.00 - Pens and markers, w/felt tip or other porous-tip
• Tariff No.: 9609.10.00 - Pencils & crayons, with leads encased in a rigid sheath
• Tariff No.: 9611.00.00 - Date, sealing or numbering stamps and the like, designed for operating in the hand; hand-operated composing sticks and hand printing sets
• Tariff No.: 9612.20.00 - Ink pads (whether or not inked and with or without boxes)