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NY B89619

September 23, 1997

CLA-2-71:RR:NC:SP:233 B89619


TARIFF NO.: 7117.90.7500

Mr. Joey Thomas
Grafix CyberWear Corporation
303 Potrero Street, #1A
Santa Cruz, CA 95060

RE: The tariff classification of the "Virtual MOVIES Clip-On Toy" from Hong Kong or China.

Dear Mr. Thomas:

In your letter dated September 16, 1997, you requested a tariff classification ruling.

The submitted sample, the "Virtual MOVIES Clip-On Toy", consists of the following items:

1. a battery operated liquid crystal display depicting moving graphic images, housed in a plastic case with a clip back, measuring 1-1/4" x 1-1/4" x 1/2";

2. a key chain consisting of a metal chain with a metal clip, attached to a plastic hook with a spring clasp; and

3. a necklace made of a 24" textile cord with a metal clip, decorated with four plastic beads.

The clip on the liquid crystal display enables the item to be attached to the key chain or beaded necklace. You indicate that all three items will be packaged and sold together.

Classification is based upon the General Rules of Interpretation (GRI). The Virtual MOVIES Clip-On Toy is considered a set for classification purposes. GRI 3(b) states in part that "goods made up of different components which cannot be classified by reference to 3(a), shall be classified as if they consisted of the material or component which gives them their essential character". The essential character is imparted by the liquid crystal display. The key chain and beaded necklace facilitate use of the item for adornment.

The applicable subheading for the Virtual MOVIES Clip-On Toy will be 7117.90.7500, Harmonized Tariff Schedule of the United States (HTS), which provides for Imitation Jewelry: Other: Other: Valued over 20 cents per dozen pieces or parts: Other: Of plastics. The rate of duty will be free.

We note that the sample is not marked with its country of origin. Upon importation into the United States, the merchandise will be required to be so marked, legibly and in a conspicuous place. 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 Lawrence Mushinske at 212-466-5739.


Robert B. Swierupski

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