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NY 861185

April 3, 1991

CLA-2-95:S:N:N3D:225 861185


TARIFF NO.: 9503.90.6000, 9503.70.8000

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

RE: The tariff classification of electronic toys from Hong Kong and China

Dear Ms. Matznick:

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

Submitted with your inquiry were three retail boxes with full descriptions of the items. The articles contain equipment appropriate for use when playing "secret agent". The first item is called "Spytech Commander's Signal Beacon". The "Beacon" is a hand held signaling device. When the trigger is pulled the tip of the unit lights up. The light may be set to produce a continuous flash, fast strobe or momentary flash. An instruction booklet is included. Two triple A batteries are required but not included.

The second item is called "Spytech Secret Message Finder Set". The set includes a special frequency whistle, an imitation plastic rock with a secret compartment and an instruction booklet. When a child blows the whistle he will hear a beeping sound from the rock. This allows the child to hide the rock outdoors and find it again. Two button cell batteries are required but not included in the package.

The last item is called "Spytech Security Alarm Case". The case is a plastic holder for a note pad and pen. An electronic alarm is activated when the case is tampered with. The pen functions at both ends. One end uses regular ballpoint pen ink
and the other uses a disappearing ink. An instruction manual and two button cell batteries are also included in the set.

In some ways the "Spytech Commander's Signal Beacon" 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.

The applicable subheading for the "Spytech Commander's Signal Beacon" and the "Spytech Security Alarm Case" 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.

The applicable subheading for the "Spytech Secret Message Finder Set" will be 9503.70.8000, HTS, which provides for other toys, put up in sets or outfits, and parts and accessories thereof: other: other. The duty rate will be 6.8 percent ad valorem.

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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