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NY D82030

September 16, 1998

CLA-2-95:S:T:1:3:D14 D82030


TARIFF NO: 9503.70.0000

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

RE: The tariff classification of Toy Radio Controlled Vehicle and Building Sets from China

Dear Ms. Ross:

In your letter dated September 1, 1998, you requested a tariff classification ruling on behalf of your client Rokenbok Toy Company. A sample of one of the tow (2) subject articles was submitted with your inquiry. Such sample is being returned, as requested, under separate cover.

The first article is called Basic Start Power Chutes (Basic Start System). It includes the following pieces:

152 Building Pieces and Accessories;
One (1) Wireless RC Loader Vehicle;
One (1) Command Deck;
Eight (8) Radio Keys; and
One (1) Control Pad.

The Building Pieces and Accessories are made of plastic and are in varying sizes, shapes and colors. They are designed to be connected together to build the play environment. They consist of miniature ramps, decks, chutes, hoppers, beams, blocks, walls, braces, supports, decorations, and balls.

The RC Loader Vehicle is a miniature radio controlled toy which is powered by three (3) "AA" batteries. It can be remotely maneuvered by signals transmitted from the Command Deck. It is primarily green in color and measures approximately 8 inches x 3 1/2 inches x 4 inches in length, width and height, respectively. Its front shovel is capable of scooping balls into its dumping bed, which can be tilted to unload its "cargo." It has a slot in its side which allows for a "radio key" to be inserted. This "radio Key" measures approximately 1 1/2 inches in width and 2 1/2 inches in height, and is designed to receive a radio signal thereby linking the vehicle to the Command Deck. Each of the eight (8) radio keys has a unique number on its front. Such numbers, 1 through 8, are superimposed on different colored backgrounds.

The Command Deck incorporates a technology called "Addressable Multi-Player Digital Radio Control" (ARM-RC), which uses digital Multi-plexing so that a single radio transmitter is capable of simultaneously controlling multiple RC toys. The Command Deck utilizes an AC adapter for electrical power and incorporates a single frequency radio transmitter. It is white in color and measures approximately 9 inches x 1 1/2 inches x 8 1/2 inches in width, height and depth, respectively. It has an 8 inch antenna in its center which is surrounded by slots for eight "radio keys." It also has four ports on the front which allow for the connection of up to four (4) hand-held Control Pads, which players use to control up to eight (8) RC vehicles. The white hand-held Control Pad contains eight (8) light emitting diode indicators which show the player(s) which of the eight (8) possible RC vehicles has been selected.

The second article is called Deluxe Start Action Factory (Deluxe Start System). The Deluxe Start System is said to be identical to the Basic Start System except that it includes additional items. It consists of:

203 Building Pieces and Accessories;
One (1) Action Sorter;
One (1) Motorized Conveyor;
One (1) Wireless RC Loader Vehicle;
One (1) Command Deck;
Eight (8) Radio Keys; and
One (1) Control Pad.

The Action Sorter is a non-motorized device which separates the larger (blue) balls from the smaller (red) ones. For the Action Sorter to work, balls must be placed in the Motorized Conveyor holding tub by the RC Loader Vehicle. The Motorized Conveyor then transports the balls upward along the conveyor track, releasing the balls into the Action Sorter. The Motorized Conveyor is plugged into the Command Deck, from which it derives its power.

The applicable tariff provision for the toy radio controlled vehicle and building sets will be 9503.70.0000, Harmonized Tariff Schedule of the United States (HTS), which provides for Other toys, put up in sets or outfits, and parts and accessories thereof. 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 should be provided with the entry documents filed at the time this merchandise is imported.


Irene Jankov
Port Director

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