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NY R00966




October 25, 2004
CLA-2-95:RR:NC:SP:225 R00966

CATEGORY: CLASSIFICATION

TARIFF NO.: 9503.30.0000

Ms. Wanda Habrial
Binney & Smith, Inc.
1100 Church Lane
Easton, PA 18043

RE: The tariff classification of constructional toys from China.

Dear Ms. Habrial:

In your letter dated October 19, 2004, you requested a tariff classification ruling.

You submitted the following photographs:

Item number 03-3001-0-000, Tube Tech Starter, is a constructional toy set that consists of the “Toobz Machine” (including the base and punch cutter) that is used for measuring and cutting the plastic straws, a wind-up car motor, assorted colored and sized plastic straws, accessories (steering wheels and various connecting parts), and an instruction book. By following the directions in the instructional book, one can measure the straws, cut them to the appropriate sizes, and link them together with the various accessories to form toy model figures and cars.

Item number 03-3003-0-000, Tube Tech Working Kit, is a constructional toy set that consists of diagrams, ethylene vinyl acetate foam pieces, plastic straws and accessories. By following the diagrams one can make toy model figures and cars.

Item number 03-3002-0-000, Tube Tech Theme Pack, is a constructional toy set that consists of diagrams, plastic straws, a wind-up car motor, and wheels. By following the diagrams one can make toy model figures and cars.

Item number 03-3004-0-000, Tube Tech Refills, is a refill kit for the constructional toy sets described above and consists of replacement plastic straws and blueprints for making new types of toy model cars not previously made with the other kits.

The applicable subheading for item number 03-3001-0-000, Tube Tech Starter, item number 03-3003-0-000, Tube Tech Working Kit, item number 03-3002-0-000, Tube Tech Theme Pack, and item number 03-3004-0-000, Tube Tech Refills 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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