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NY B87514





August 6, 1997

CLA-2:RR:NC:SP:225 B87514

CATEGORY: CLASSIFICATION

TARIFF NO.: 9503.90.0045

Mr. Paul Anderson
Sonnenberg & Anderson
200 South Wacker Drive
33rd Floor
Chicago, Illinois 60606

RE: The tariff classification of "Giga Pets", an electronic toy from China

Dear Mr. Anderson:

In your letter dated July 11, 1997 you requested a tariff classification ruling on behalf of your client Tiger Electronics, Inc.

The sample submitted is called "Giga Pets, Digital Doggie" model 71-611. The other versions of "Giga Pets" are "Compu Kitty", "Microchimp", "Baby T-Rex", "Virtual Alien" and "Bit Critter". The item is a bell shaped plastic unit that measures 2 by 1 3/4 inches. It features an LCD display screen with four buttons that activate a digital pet. Amusement is derived from pretending that your pet is "alive" and in order to maintain it's state of well being one must diligently administer life sustaining needs in the form of pressing a series of buttons. The buttons depressed represent activities such as feeding, playing, cleaning, health needs, etc. The user becomes a care giver to the computer pet which, if left unattended, will ultimately "die". In the event of the pet's demise, a reset button may be depressed to restart the "life" cycle. A metallic chain is attached to the "Giga Pets" which serves as a means to carry the product around. The item is battery operated and will be sold on a blister card with printed instructions. Although use of the "Giga Pets" may involve play activity, basic challenge skills, and simple scoring like a game, it is our determination that the article's virtual pet feature is a toy, in that it's principal use is to provide amusement and play and appeal to the fun sense of children and adults, not to equip them for competition, contest and winning.

Further, we view this toy pet feature as imparting the essential character to the article. By virtue of GRI 3(b), the Giga Pets" article is classified as a toy in Heading 9503 of the HTS. Your sample is returned as requested.

The applicable subheading for the "Giga Pets" Model 71-611, will be 9503.90.0045, Harmonized Tariff Schedule of the United States (HTS), which provides for other toys (except models), not having a spring mechanism. The rate of duty will be free.

Additionally, please note that importations of the "Giga Pets" may be subject to the provisions of Section 133 of the Customs Regulations if they copy or simulate a registered copyright work recorded with the Customs Service. For further information on this subject you may contact your local Customs office prior to importation.

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 NIS Alice Wong at 212-466-5538.

Sincerely,

Gwenn Klein Kirschner
Chief, Special Products Branch

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