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NY L88120




October 19, 2005

CLA-2-96:RR:NC:2:224 L88120

CATEGORY: CLASSIFICATION

TARIFF NO.: 9609.90.8000

Mr. Kevin Maher
CAir Customhouse Brokers
181 South Franklin Avenue
Valley Stream, NY 11581

RE: The tariff classification of a Princess Art Studio from China

Dear Mr. Maher:

In your letter dated October 6, 2005, you requested a tariff classification ruling, on behalf of Hoop Retail, your client.

You are requesting the tariff classification on a product that is described as a Princess Art Studio, no item number shown. The product consists of the following: 12 markers, 25 paper clips, 5 watercolors, 100 stickers, 7 stencils, 1 paintbrush, 1 ink pad, 1 stamp holder, 1 multi-colored pencil, 1 scented eraser, 1 No. 2 lead pencil, 16 crayons, 16 stamps, 1 glue stick, 1 pencil sharpener, and a 25 piece paper pad. All the foregoing components are packaged and sold in a fitted plastic case. The sample will be returned, as requested by your office.

The Princess Art Studio, no item number shown, will be sold and marketed as a set, and the product will also be considered a set for tariff purposes. No one heading in the tariff schedule covers these components in combination; GRI 1 cannot be used as a basis of classification. GRI 3 provides for goods that are, prima facie, classifiable in two or more headings. GRI 3 (b) provides that mixtures, composite goods consisting of different materials or made up of different components, and goods put up in sets for retail sale shall be classified as if they consisted of the material or component which gives them their essential character.

Noting GRI-3 (b), the component that gives the set its essential character would dictate the classification of the set. The crayon portion of this particular set exemplifies the essential character. Therefore, the applicable subheading for the Princess Art Studio, no item number indicated, will be 9609.90.8000, Harmonized Tariff Schedule of the United States (HTS), which provides for pencilscrayons, pencil leads, pastels, drawing chalks and tailors’ chalks: 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 Tom McKenna at 646-733-3025.

Sincerely,

Robert B. Swierupski
Director,

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