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May 7, 1999

CLA-2-90:RR:NC:MM:114 E81448


TARIFF NO.: 9013.10.40

Ms. Machelle Blair
Wal*Mart Stores, Inc.
702 Southwest 8th Street
Bentonville, Arizona 72716-8023

RE: The tariff classification of periscope from China

Dear Ms. Blair:

In your letter dated April 27, 1999, you requested a tariff classification ruling on a periscope from China. A sample of the SCIENCE TECH periscope was submitted with the ruling request.

The sample provided, identified as vendor stock number 36792, is a SCIENCE TECH periscope with 5 power magnification. The periscope features an acrylonitrile butadiene styrene (ABS) body, precision ground glass optical lenses, adjustable focus and 360 degree viewing by rotating the collar clockwise or counterclockwise. The item extends to approximately 29 inches in length. The periscope is packed in a cardboard box ready for retail sale. You indicated in your letter that the periscope will be sold in the optical department.

The applicable subheading for the periscope will be 9013.10.40, Harmonized Tariff Schedule of the United States (HTS), which provides for periscopes; other. The rate of duty will be 5.3 percent ad valorem.

Your sample is being returned as requested.

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 Barbara Kiefer at 212-637-7058.


Robert B. Swierupski

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