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NY N016743




October 1, 2007

CLA-2-49:RR:NC:2:234

CATEGORY: CLASSIFICATION

TARIFF NO.: 4911.91.4040

Mr. Ciprian Marinescu
Schenker of Canada Ltd.
35 St. Jacques Street
Montreal, PQ H2Y 1K9

RE: The tariff classification of an activity set from China

Dear Mr. Marinescu:

In your letter dated August 30, 2007, you requested a tariff classification ruling on behalf of your client, MEGABRANDS AMERICA INC.

You submitted a sample of Rose Art Creative Activity Set, Item number 48570, which contains the following:

5 x 7 inch reusable storage case
2 – 0.18 fluid ounce each glitter glue tubes 8 mini colored pencils
16 crayons
12 – 4 x 6 inch coloring sheets
100 color your own die-cut stickers

A storage case holds the supplies within a molded plastic tray. It has a clear flip top cover, snap lock and built in handle. The case has a paperboard sleeve noting the cautionary “Warning: Choking Hazard” and also describing the contents of the set. For tariff classification purposes, the activity set will be regarded as "goods put up in sets for retail sale" whose essential character is imparted by the printed coloring sheets.      

The applicable subheading for the activity set will be 4911.91.4040, Harmonized Tariff Schedule of the United States (HTSUS), which provides for other (than certain enumerated) printed pictures, designs and photographs. The rate of duty will be free.

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 Patricia Wilson at 646-733-3037.

Sincerely,

Robert B. Swierupski
Director,

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