CLA-2-96:OT:RR:NC:N4:422
Mr. Azhar Ayub
Twinklers Limited
122 Granville Road
London
NW2 2LD
United Kingdom
RE: The tariff classification of twister crayon holders with crayons from China
Dear Mr. Ayub:
In your letter dated March 27, 2009, on behalf of KB Toys, you requested a tariff classification ruling.
The submitted samples are identified as Twister Crayons, Manufacturing ID P-02. As submitted, this item is comprised of nine crayon holders with nine wax crayons, each of a different color. Each crayon holder measures approximately 2” in length and each crayon measures approximately 1¼” in length. The holder consists of a rocket shaped plastic barrel with an aperture at the top, situated on a small plastic stand or base. Inside the barrel is a metal spring within which is situated a small plastic ring that holds the crayon.
When the barrel and the base of the holder are twisted in opposite directions, the crayon is raised and appears through the aperture at the top of the holder. As the length of the crayon is reduced by use, additional twisting will reveal more of the crayon, until the crayon is completely dissipated. Twisting in the alternative direction will lower the crayon back into the holder.
Each of the nine crayons is situated in a holder of which the barrel is of the same color. Each barrel is designed with a heat transfer print of a different Disney/Pixar cartoon character car and name. The characters and colors are as follows: McQueen/black, Sally/yellow, Mater/light brown, Doc Hudson/ dark brown, Luigi/red, Fillmore/dark blue, Guido/green, Ramone/light blue and The King/purple.
These items are considered to be composite goods within the meaning of General Rule of Interpretation (GRI) 3. The crayon holders will outlast the small crayons that are imported and sold with this item and the crayon holders can be refilled. Therefore, it is the opinion of this office that the crayon holders provide these items with the essential character within the meaning of GRI 3(b).
The applicable subheading for Manufacturing ID P-02 will be 9608.99.6000, Harmonized Tariff Schedule of the United States (HTSUS), which provides for…pen-holders, pencil holders and similar holders…: other: other: other: other. 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 Gary Kalus at (646) 733-3055.
Sincerely,
Robert B. Swierupski
Director
National Commodity Specialist Division