The tariff classification of a “RoseArt Sidewalk Chalk Paint Kit” from China

N293944 February 27, 2018 CLA-2-32:OT:RR:NC:1:136 CATEGORY: Classification TARIFF NO.: 3213.10.0000 Mr. Albert L. Saldana Mattel, Inc. 333 Continental Blvd. El Segundo, CA 90245 RE: The tariff classification of a “RoseArt Sidewalk Chalk Paint Kit” from China Dear Mr. Saldana: In your letter dated January 30, 2018, you requested a tariff classification ruling on a “RoseArt Sidewalk Chalk Paint Kit.” In your submission, you indicate that the product at issue is a retail-ready kit, containing two plastic containers, two foam paint brushes with plastic handles, one wooden stir stick with engraved branding, and two plastic bags of neon chalk powder. This kit is intended to be used by children ages 3 and up. To use, the child will mix the chalk powder with water in one of the plastic containers and use the foam brush to apply the colorant onto a paved surface. In your letter, you suggest classification of the above described product in 9609.90.8000, Harmonized Tariff Schedule of the United States (HTSUS); however, we have found that to be incorrect, because this product is more specifically provided for in heading 3213.10.0000, HTSUS. The applicable subheading for the “RoseArt Sidewalk Chalk Paint Kit” will be 3213.10.0000, HTSUS, which provides for Artists’, students’ or signboard painters’ colors, modifying tints, amusement colors and the like, in tablets, tubes, jars, bottles, pans or in similar forms or packings: Colors in sets. The general rate of duty will be 6.5 percent on the entire set, ad valorem. This merchandise may be subject to the requirements of the Toxic Substances Control Act (TSCA), which are administered by the U.S. Environmental Protection Agency. Information on the TSCA can be obtained by contacting the EPA at 1200 Pennsylvania Avenue, N.W., Mail Code 70480, Washington, D.C., by telephone at (202) 554-1404, or by visiting their website at www.epa.gov. This merchandise may also be subject to the laws and regulations of the Consumer Product Safety Act. Import compliance information may be obtained by contacting the U.S. Consumer Product Safety Commission (CPSC) at 4330 East West Highway, Bethesda, MD 20814, telephone (301) 504-7912. 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 https://hts.usitc.gov/current. 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 Nuccio Fera at [email protected]. Sincerely, Steven A. Mack Director National Commodity Specialist Division