CLA-2-96:OT:RR:NC:N2:222
Mr. Adam Tromp
Jakks Pacific, Inc.
21749 Baker Pkwy
Walnut, CA 91789
RE: The tariff classification of Blopens and paper stencils kits from China
Dear Mr. Tromp:
In your letter dated November 12, 2008, you requested a tariff classification ruling.
The three submitted samples are identified as follows:
Item# 37705 – Dora the Explorer Blopens & Stencils Kit with Punch-Out Character & Stand. This item includes two Blopens. Each Blopen has three components; a clear plastic cylindrical jet tube, a plastic cylindrical cartridge and a plastic cylindrical mouthpiece. The cartridge contains colored ink and has a porous tip. The jet tube has a small aperture on one end and a larger aperture at the other end. The jet tube measures 3-3/8 inches in length. The cartridge measures 4-1/4 inches in length, including the porous tip. The mouthpiece measures 3-1/16 inches in length.
When in use, the cartridge is inserted into the clear tube through the large aperture, tip first, until the tip comes in contact with the small aperture at the other end of the jet tube. Next the mouthpiece is pushed over the end of the cartridge that is opposite the porous tip until it fits securely over the end of the jet tube that has the large aperture. When assembled, the Blopen measures 6 inches in length.
This item is designed to allow the ink that is contained within the cartridge to be blown by mouth onto a page through the small aperture of the jet tube. If the jet tube and mouthpiece are not used, the Blopen may also be used to draw or write in the same manner as any other porous tipped marker.
Included in this item are a paper stencil and a paper punch out character of Dora the Explorer with a paper stand. The Dora the Explorer design is also printed on each of the two Blopens of this item.
Item# 40762 – Bratz Blopens and Stencils Kit. This item includes two Blopens which are constructed and used in the same manner as the Blopens of item# 37705 except that the jet tubes of this item are designed with the Bratz character rather than Dora the Explorer. This item includes two paper stencils.
Item# 40912 – Littlest Pet Shop Blopens & Stencils Kit. This item includes two Blopens which are constructed and used in the same manner as the Blopens of item# 37705 except that the jet tubes of this item are designed with the Littlest Pet Shop characters rather than Dora the Explorer. This item includes two paper stencils.
Each of these items is packaged for retail sale. These items are considered to be “goods put up in sets for retail sale” within the meaning of General Rule of Interpretation (GRI) 3. It is the opinion of this office that the Blopens provide each item with the essential character within the meaning of GRI 3(b). As you requested, all three items will be returned to you.
The applicable subheading for item# 37705, item# 40762 and item# 40912 will be 9608.20.0000, Harmonized Tariff Schedule of the United States (HTSUS), which provides for felt tipped and other porous-tipped pens and markers. The rate of duty will be 4 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 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