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NY 861095

March 25, 1991

CLA-2-95:S:N:N3D:225 861095


TARIFF NO.: 9503.90.6000

Ms. Lisa Matznick
Tyco Industries, Inc.
6000 Midlantic Drive
Mt. Laurel, New Jersey 08054

RE: The tariff classification of an electronic toy from China

Dear Ms. Matznick:

In your letter dated February 26, 1991, you requested a tariff classification ruling.

Your inquiry included a picture and literature of the "Spytech Infra Red Heat Sensor". The sensor detects any source of heat through an infra-red heat seeking device. The item alerts the user to the proximity of another person within 200 feet by a progression of red lights. The closer you get to your target the more LED's will light up. The sensor is operable in daylight or in the dark. One 9-volt battery is required but not included in the retail package. The sensor is imported with an instruction manual.

The applicable subheading for the "Spytech Heat Sensor" will be 9503.90.6000, Harmonized Tariff Schedule of the United States (HTS), which provides for other toys (except models), not having a spring mechanism. The duty rate will be 6.8 percent ad valorem.

In some ways the "Spytech Infra Red Heat Sensor" gives the appearance of a gun and therefore might be subject to the marking requirements of Public Law 100-615; 15 U.S.C. 5001; 15 CFR Part 1150; Federal Register Vol. 54, No. 86, pp 19358 (May 5, 1989). The Department of Commerce has final authority in this matter. For further information, please consult with Dr. Stanley Warshaw or Walter G. Leight, Department of Commerce, (301) 975-4000.

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.


Jean F. Maguire
Area Director

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