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NY D84425

November 18, 1998

CLA-2-85:RR:NC:1:108 D84425


TARIFF NO.: 8529.90.1960

Ms. Susan Kohn Ross
S.K. Ross & Assoc. P.C.
5777 West Century Blvd., Suite 520
Los Angeles, CA 90045-5659

RE: The tariff classification of control pads from China.

Dear Ms. Ross:

In your letter dated November 3, 1998, on behalf of your client Rokenbok Toy Company, you requested a tariff classification ruling.

The item, marketed as Rokenbok's Control Pads, are designed to be used in conjunction with Rokenbok's toy building sets. These control pads are specifically designed for facilitating the operation, by a child, of radio controlled toy vehicles. There is no disagreement that the various Rokenbok sets mentioned in the Binding Ruling request are toys. The point is made that Chapter 95, Note 3 states "...parts and accessories which are suitable for use solely or principally with articles of this chapter are to be classified with those articles". However, the beginning of Note 3 states "Subject to Note 1 above, parts and accessories...". The item being imported is affected by the beginning of Note 3. The control pad (which is being imported alone) plugs into an item called the control desk which is built to accept four control pads. The two pieces together make a functioning radio remote control apparatus. Clearly, the control pad is part of a functioning radio remote control apparatus.

Chapter 95 Note 1(m) excludes radio remote control apparatus. Since we would exclude the control pad and control desk from Chapter 95, if imported together, it follows that we would exclude from Chapter 95 either of those units if imported alone.

The applicable subheading for the control pad will be 8529.90.1960, Harmonized Tariff Schedule of the United States (HTS), which provides for Parts suitable for use solely or principally with the apparatus of headings 8525 to 8528: Other: Of radar, radio navigational aid or radio remote control apparatus: Other ... Other. The rate of duty will be 3.5 percent ad valorem.

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 Michael Contino at 212-466-5672.


Robert B. Swierupski

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