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NY L88692




November 10, 2005

CLA-2-48: RR: NC: 2:234 L88692

CATEGORY: CLASSIFICATION

TARIFF NO.: 4823.90.8600

C Air Customhouse Brokers
181 South Franklin Avenue
Valley Stream, New York 11581

RE: The tariff classification of Style #1798 Rainbow Scratch Drawing kit from China

Gentlemen:

In your letter, unsigned, dated November 3, 2005, on behalf of your client, Roseart Industries, you requested a tariff classification ruling for the referenced article. A sample was submitted (to which you refer as “garment”), and will be returned per your instruction.

The sample is a printed paperboard retail carton, measuring about 10 ¼” x 9” x 2”, identifying the contents as “Rainbow Scratch Drawing”, and providing instructions for the use of the contents. These are: 20 drawing sheets of coated paper, 12 paper stencils, and a wooden design tool (for scratching the drawing paper through the open portion of the stencils).

This product will be considered “goods put up in sets for retail sale”, and will be classified in a single tariff provision derived from the component which gives the set its essential character: the paper stencils.

The applicable subheading for Style #1798 as described will be 4823.90.8600, Harmonized Tariff Schedule of the United States (HTS), which provides for: Other (than previously specified and enumerated) articles of paper or paperboard. 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).

The product is noted as not being appropriately marked, Made in China. On the contrary, it is marked Made in U.S.A., and bears the locale designation: Livingston, New Jersey. This is of course not acceptable; appropriate country of origin marking will be required, when these goods are imported into the U.S.

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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