CLA-2-95:S:N:N3D:225 873566

Mr. Steve Agnew
Border Brokerage Company Inc.
P.O. Box B
Blaine, Washington 98230

RE: The tariff classification of a toy set from Canada

Dear Mr. Agnew:

In your letter dated April 15, 1992, you requested a tariff classification ruling on behalf of your client Pappa Geppetto's Toys Victoria Ltd.

The item under consideration, known as "Replay", is a toy activity set for children. Each set consists of over 70 various components. The components used are items which one would normally discard such as scraps of material, pieces of styrofoam, ribbon, wood, plastic articles, etc. "Replay" invariably differs in its composition from one package to another. Imaginative characters, vehicles and objects may be created by gluing and taping the pieces together. The set is intended to encourage the concept of recycling and to promote a child's creative skills. The article will be packaged in a cardboard box covered by a cellophane shrink wrap.

The applicable subheading for "Replay" will be 9503.30.8000, Harmonized Tariff Schedule of the United States (HTS), which provides for other construction sets and constructional toys, and parts and accessories thereof: other. The duty rate will be 6.8 percent ad valorem. Goods classifiable under subheading 9503.30.8000, HTS, which have originated in the territory of Canada, will be entitled to a 4 percent rate of duty under the United States-Canada Free Trade Agreement (FTA) upon compliance with all applicable regulations.

This ruling is being issued under the provisions of Section 177 of the Customs Regulations (19 C.F.R. 177).

A copy of this ruling letter should be attached to the entry documents filed at the time this merchandise is imported. If the documents have been filed without a copy, this ruling should be brought to the attention of the Customs officer handling the transaction.

Sincerely,

Jean F. Maguire
Area Director
New York Seaport