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NY L86223





July 8, 2005

CLA-2-95:RR:NC:SP:225 L86223

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 Magnetic Building Set” from China.

Dear Mr. Maher:

In your letter dated July 1, 2005, on behalf of RoseArt Industries, you requested a tariff classification ruling.

You submitted a sample of “Magnetix Magnetic Building Set” identified as item 2825, which is being returned upon your request. The item consists of a magnetic constructional toy comprised of 145 blue, red, yellow and green 1” magnetic rods and 140 silver ½” steel balls that are packaged together inside a blue plastic carrying and storage tub that measures approximately 6” in height x 10” in width x 13” in length. The magnetized rods and the steel balls are used jointly to build geometric and architectural structures. To construct a shape, the magnetized end of a plastic rod is “adhered” to a steel ball, which in turn is linked to other magnetized plastic rods to form the various designs. This constructional toy is intended to stimulate a child’s cognitive and manipulative skills in an amusing fashion.

The applicable subheading for “Magnetix Magnetic Building Set” identified as item 2825 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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