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NY L87825




September 29, 2005

CLA-2-95:RR:NC:SP:225 L87825

CATEGORY: CLASSIFICATION

TARIFF NO.: 9503.90.0080

Ms. Lorianne Aldinger
Rite Aid Corporation
P.O. Box 3165
Harrisburg, PA 17105

RE: The tariff classification of a “Travel Magic Draw Assortment” from China.

Dear Ms. Aldinger:

In your letter dated September 6, 2005, you requested a tariff classification ruling.

You submitted a sample of a “Travel Magic Draw Assortment” (Dora the Explorer, Care Bears and My Little Pony) identified as assortment number 941199, which is being returned upon your request. The assortment consists of three styles of a magnetic drawing board toy designed for a child three years of age and older. All three magnetic boards feature a square screen that measures approximately 6” on all sides, an attached magnetic crayon, four magnetic shape stampers, and a built-in sliding eraser beneath the screen. To use, one draws on the screen with the magnetic crayon and then removes all traces of the markings with the sliding eraser. This allows repetitive use of the screen in a fashion similar to an “Etch-A-Sketch.” Each of the magnetic boards features molded characters “Dora”, “Care Bears” etc. around the outside of the screen. The item is a toy designed to provide mess-free frivolous amusement for a child, and is packaged in an illustrated cardboard box with a window display.

The applicable subheading for the “Travel Magic Draw Assortment” (Dora the Explorer, Care Bears and My Little Pony) identified as assortment number 941199 will be 9503.90.0080, Harmonized Tariff Schedule of the United States (HTS), which provides for “Other toys; reduced-size ("scale") models and similar recreational models, working or not; puzzles of all kinds; parts and accessories thereof: Other: Other.” 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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