The tariff classification of a "Rainbow Jump Rope & Jax Set" from China.

NY J85428 June 16, 2003 CLA-2-95:RR:NC:SP:225 J85428 CATEGORY: Classification TARIFF NO.: 9503.90.0080; 9504.90.9080 Ms. Joann Mosqueda JA-RU, Inc. 4030 Phillips Highway Jacksonville, FL 32207 RE: The tariff classification of a “Rainbow Jump Rope & Jax Set” from China. Dear Ms. Mosqueda: In your letter dated June 6, 2003, you requested a tariff classification ruling. You have submitted a sample of a “Rainbow Jump Rope & Jax Set” identified as item number 1999, which consists of a jump rope and a set of jacks packed together on a hangcard. The jump rope measures approximately 7 feet in length and is made of plastic covered multicolored cord. Both handles are made of yellow plastic covered in shiny holographic silver. The construction, marketing and packaging of the jump rope are indicative of the class or kind of jump ropes classifiable as toys in Heading 9503 of the Harmonized Tariff Schedule of the United States (HTS). The set of jacks consists of an orange rubber ball that measures approximately 1 inch in diameter and 10 plastic jacks of assorted colors. A jack is a six-pointed object that is used as a game piece and tossed, caught, and moved in the game of “jacks.” In classifying the merchandise, we refer to the Explanatory Notes, which represent the official interpretation of the HTS at the international level. GRI 3(b) defines "goods put up in sets for retail sale" as goods that: (a) consist of at least two different articles that are classifiable in different headings, (b) consist of products put up together to meet a particular need or carry out a specific activity, and (c) are put up in a manner suitable for sale directly to users without repacking. The “Rainbow Jump Rope & Jax Set” does not constitute a set for classification purposes. Although put up together, the individual components are independently used and do not share a common activity or meet a particular need. Jumping rope is not the same activity as playing a game of jacks. Therefore, the “Rainbow Jump Rope” and the “Jax Set” will be classified in their own respective tariff headings. The applicable subheading for the “Rainbow Jump Rope” of item number 1999 will be 9503.90.0080, Harmonized Tariff Schedule of the United States (HTS), which provides for “Other toys; reduced-size ("scale") models and similar recreational models, working or not; puzzles of all kinds; parts and accessories thereof: Other: Other.” The rate of duty will be free. The applicable subheading for the “Jax Set” of item number 1999 will be 9504.90. 9080, HTS, which provides for “Articles for arcade, table or parlor games, including pinball machines, bagatelle, billiards and special tables for casino games; automatic bowling alley equipment; parts and accessories thereof: Other: Other…Other.” 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