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NY D85247

December 9, 1998

CLA-2-95:RR:NC:2:224 D85247


TARIFF NO.: 9503.49.0025

Paul S. Anderson
Sonnenberg & Anderson
200 South Wicker Drive
38th Floor chicago, Illinois 60606

RE: The tariff classification of an electronic toy called "Furby" from China.

Dear Mr. Anderson:

In your letter dated November 18, 1998, you requested a tariff classification ruling, on behalf of Tiger Electronics, Ltd., your client.

You are requesting the tariff classification on a toy which is identified as "Furby". The item is an electronic toy pet whose mechanics enable it to "see", "hear", "feel", "speak", and "dance". It contains a small motor, and is powered by four AA batteries. While not stuffed, it is a three dimensional, full-bodied non-human creature. It is designed for children 6 years and older. Each "Furby" is designed to "speak" its own language (referred to as "Furbish"), and potentially has a vocabulary of up to 60 Furbish and 60 English words. In addition, each "Furby" can interact with other "Furbies" by sensing the other's motions, which in turn triggers its own responses. It is the opinion of this office that the "Furby" is designed principally for amusement purposes, and should be classified as a toy under GRI 1 principles.

The applicable subheading for the electronic toy, "Furby" will be 9503.49.0025, Harmonized Tariff Schedule of the United States (HTS), which provides for "Toys representing animals or non-human creatures...and parts and accessories thereof: Other...Toys." 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 Tom McKenna at 212-466-5475.


Robert B. Swierupski

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