Plastic block with dry erase marker
This item is comprised of a six sided block that measures approximately 3” by 3” by 3” and is composed of ethylene vinyl acetate (EVA) plastic foam material. Respectively laminated to
each of the six sides of the block is a film sticker that creates a writeable surface for use with a dry erase marker, one of which is included in the retail package with the block prior to importation. The perimeter of each laminated film
sticker is decorated with Dr. Seuss Cat in the Hat characters.
This item is considered to be "goods put up in sets for retail sale" within the meaning of General Rule of Interpretation (GRI) 3. The marker is an adjunct to the block as the
marker is intended for use on the six film sticker writing surfaces that are laminated to the block. The marker will be rendered useless once the fluid has
been dispensed, while the block with the film sticker writing surfaces will continue to endure. Furthermore, the ultimate purpose of this item is fulfilled
by the marks that are left on the film sticker writing surfaces that are laminated to the block, rather than by the marker which provides the means to
leave those marks. Therefore, it is the opinion of this office that the dry erase foam block provides this item with the essential character within the
meaning of GRI 3(b).
Subheading HS: 3926.90.
Source: https://rulings.cbp.gov/index.asp, July 13, 2017 (N287333)