CLA-2-39:OT:RR:NC:N4:422
Mr. Gerald J. Osborne
Paper Magic Group, Inc.
54 Glenmaura National Blvd
Moosic, PA 18507
RE: The tariff classification of a plastic block with dry erase marker from China
Dear Mr. Osborne:
In your letter dated June 15, 2017, you requested a tariff classification ruling.
The submitted illustration depicts an item that is identified as a Dr. Seuss Dry Erase Foam Block, item #452551. This item is comprised of a six sided block that measures approximately 3” by 3” by 3” and is composed of ethylene vinyl acetate (EVA) plastic foam material. Respectively laminated to each of the six sides of the block is a film sticker that creates a writeable surface for use with a dry erase marker, one of which is included in the retail package with the block prior to importation. The perimeter of each laminated film sticker is decorated with Dr. Seuss Cat in the Hat characters.
This item is considered to be "goods put up in sets for retail sale" within the meaning of General Rule of Interpretation (GRI) 3. The marker is an adjunct to the block as the marker is intended for use on the six film sticker writing surfaces that are laminated to the block. The marker will be rendered useless once the fluid has been dispensed, while the block with the film sticker writing surfaces will continue to endure. Furthermore, the ultimate purpose of this item is fulfilled by the marks that are left on the film sticker writing surfaces that are laminated to the block, rather than by the marker which provides the means to leave those marks. Therefore, it is the opinion of this office that the dry erase foam block provides this item with the essential character within the meaning of GRI 3(b).
The applicable subheading for item #452551 will be 3926.90.9996, Harmonized Tariff Schedule of the United States (HTSUS), which provides for other articles of plastics…: other: other…other. The duty rate will be 5.3 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 https://hts.usitc.gov/current.
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 Gary Kalus at [email protected].
Sincerely,
Steven A. Mack
Director
National Commodity Specialist Division