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NY M85303




August 09, 2006

CLA-2-32:RR:NC:SP:236 M85303

CATEGORY: CLASSIFICATION

TARIFF NO.: 3213.10.0000

Ms. Bridgette Malcolm
Elmer’s Product Inc.
1 Easton Oval
Columbus, OH 43215

RE: The tariff classification of Paintastics (painting set) from China

Dear Ms. Malcolm:

In your letter dated July 20, 2006, you requested a tariff classification ruling.

The sample submitted Paintastics consists of five different colored washable paintbrush pens (red, orange, green black, and blue). Each color is in a sealed plastic tube container with a paintbrush tip. This product is put up for retail sale.

The applicable subheading for the Paintastics will be 3213.10.0000, Harmonized Tariff Schedule of the United States (HTSUS), which provides for Artists', students' or signboard painters' colors, modifying tints, amusement colors and the like, in tablets, tubes, jars, bottles, pans or in similar forms or packings: colors in sets. The rate of duty will be 6.5 percent ad valorem.

Duty rates are provided for your convenience and are subject to change. The text of the most recent HTSUS and the accompanying duty rates are provided on World Wide Web at http://www.usitc.gov/tata/hts/.

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 Debra Wholey at 646-733-3034.

Sincerely,

Robert B. Swierupski
Director,

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