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NY B84889





May 15, 1997

CLA-2:RR:NC:SP:225 B84889

CATEGORY: CLASSIFICATION

TARIFF NO.: 9503.90.0030

Ms. Celina Mendez
C-Air International, Inc.
11222 S. La Cienega Boulevard, Suite 100
Inglewood, California 90304

RE: The tariff classification of an electronic toy from China

Dear Ms. Mendez:

In your letter dated April 30, 1997 you requested a tariff classification ruling on behalf of your client Playmates Toys Inc.

The subject article is referred to as a "Virtual Pal" which is part of an assortment (40080) that includes the "Nano Puppy" (40060), "Nano Kitty" (40070), and "Nano Baby" (40050). The "Virtual Pal" is not a three dimensional figure but an electronic character displayed on a miniature sized LCD screen. The screen is contained within a plastic oval shaped housing unit. Four buttons situated below the screen may be pressed to activate use of the character. Amusement is derived from pretending that your character 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 caregiver to the computer character which, if left unattended, will ultimately "die". In the event of the character's demise, one may restart the "life" process all over again.

A metallic chain with clasp is connected to the "Virtual Pals" unit which serves as a means of attachment to carry the product around. The clasp may be hooked onto a belt loop, bag, key chain, etc. The "Virtual Pals" article operates on two button cell batteries (included) and will be sold on a blister card with printed instructions.

The applicable subheading for the "Virtual Pals" assortment, item numbers 40080, 40060, 40070 and 40050 will be 9503.90.0030, 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.

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 J. Wong at 212-466-5538.

Sincerely,

Gwenn Klein Kirschner
Chief, Special Products Branch

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