CLA-2-95:RR:NC:SP:225 D84183

Mr. Joseph R. Hoffacker
Barthco Trade Consultants, Inc.
7575 Holstein Avenue
Philadelphia, PA 19153

RE: The tariff classification of toy craft kits, an air pump and sunglasses from China

Dear Mr. Hoffacker:

In your letter dated October 28, 1998 you requested a tariff classification ruling on behalf of K.B. Toys.

The "Fun Weaver," stock #4239, is a craft set designed for youngsters ages five and over. Children can create assorted lanyards, key chains, bracelets, necklaces, etc. The set includes multi colored beads, cotton floss, two plastic cords, three charms, two hooks, two key rings and one pair of scissors. Illustrated instructions are printed on the reverse side of an open window box package.

The "Beauty Barrette & Nail," stock #4247, is a kit designed to teach children, ages 5 and up, how to create unique hair ornaments and how to decorate one's nails. The set contains: fabric pieces, plastic barrette frames, a marker, glitter glue, a stencil, beads, sequins, stick-on nails, gemstone stickers, a glue stick, glitter, brush, emery board and a nail tattoo sticker. Illustrated instructions are printed on the reverse side of an open window box package.

Both the "Fun Weaver" and "Beauty Barrette & Nail" sets, when imported retail packed, are considered educational toy craft sets classifiable in Chapter 95.

The "Plastic Air Pump," stock #1362, is a hand operated pump used to inflate a variety of sports balls. It includes an inflation needle and plastic nozzle attachment.

The "Sunglasses & Case Set," stock #1212, includes one pair of child sized sunglasses, a rigid plastic case and cord. The sunglasses are composed of plastic frames with plastic lenses. The case is specially shaped to contain the sunglasses with which it is sold. The cord has a plastic loop at each end which fastens around the frames of the sunglasses. It is designed to secure the sunglasses around one's neck. All three items are packaged together on a blister card for retail sale.

Additional requirements may be imposed on the sunglasses by the Food and Drug Administration. You may contact the FDA at (301) 443-6553 or by mail:

U.S. Food and Drug Administration Division of Import Operations and Policy HFC 170 5600 Fishers Lane Rockville, Maryland 20857

The applicable subheading for the "Fun Weaver," stock #4239, and "Beauty Barrette & Nail," stock #4247, will be 9503.70.0000, Harmonized Tariff Schedule of the United States (HTS), which provides for other toys, put up in sets or outfits, and parts and accessories thereof. The rate of duty will be free.

The applicable subheading for the "Plastic Air Pump," stock #1362, will be 8414.20.0000, Harmonized Tariff Schedule of the United States (HTS), which provides for hand or foot operated air pumps. The rate of duty will be 3.7 percent ad valorem.

The applicable subheading for the "Sunglasses & Case Set," stock #1212, will be 9004.10.0000, Harmonized Tariff Schedule of the United States (HTS), which provides for spectacles, goggles and the like, corrective, protective or other; sunglasses. The rate of duty will be 3 percent ad valorem.

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 Alice J. Wong at 212-466-5538.

Sincerely,

Robert B. Swierupski
Director,
National Commodity
Specialist Division