CLA-2-95:RR:NC:SP:225 L87835

Mr. Kevin Maher
C-Air Customhouse Brokers
181 South Franklin Avenue
Valley Stream, NY 11581

RE: The tariff classification of Magnetix( MagnaWorld( MagnaCity from China.

Dear Mr. Maher:

In your letter dated September 20, 2005, on behalf of your client, RoseArt Industries, you requested a tariff classification ruling.

You submitted a sample of Magnetix( MagnaWorld( MagnaCity identified as style number 28197, which is being returned upon your request. The item is a magnetic constructional toy that consists of 99 silver and gold floors, walls, and roofs that when adhered to one another form various sized three-dimensional toy buildings. Stickers depicting windows, columns and various other geometric shapes can be affixed to the buildings to “customize” the exteriors. This constructional toy is packaged inside an illustrated cardboard box, and is intended to stimulate a child’s cognitive and manipulative skills in an amusing fashion as they construct a toy city.

The applicable subheading for Magnetix( MagnaWorld( MagnaCity identified as style number 28197 will be 9503.30.0000, Harmonized Tariff Schedule of the United States (HTS), which provides for “Other construction sets and constructional toys, and parts and accessories thereof.” 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).

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 Wong at 646-733-3026.

Sincerely,

Robert B. Swierupski
Director,
National Commodity
Specialist Division