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NY E82867





June 25, 1999

CLA-2-95: D13 E82867

CATEGORY: CLASSIFICATION

TARIFF NO.: 9503.70.0000

Mr. Rick Musser
Kuehne & Nagel
San Francisco Branch
150 West Hill Place
Brisbane, Ca 94005

RE: The tariff classification of a Spy Tool Kit made in China.

Dear Mr. Musser:

In a letter dated May 26, 1999 you requested a tariff classification ruling on behalf of your client, Wild Planet Toys. A sample of the product was provided.

The sample, Spy Tool Kit, item #70021 consists of a listening device with a fold-a-way microphone, earphones, a battery operated pen light, telescope/microscope, notebook, and a plastic carrying case. The listening device requires a 9 volt battery and the pen light requires two AAA batteries. The microphone pivots between an up or down position. The pen light and telescope/microscope may be attached using a S shaped clip on the top of the device. The earphones plug into a jack located in the back of the device. In operation the child will pivot the microphone into the up position. Pointing the microphone towards the sound while pressing the trigger will activate the microphone allowing the child to hear sounds through the earphones. The listening device may be turned on and off merely by pressing or releasing the trigger. The notebook is provided for recording any observations and the carrying case is formed to hold all of the articles.

The applicable subheading for the Spy Tool Kit, item #70021 will be 9503.70.0000, Harmonized Tariff Schedule of the United States (HTS), which 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 indicated above should be provided with the entry documents filed at the time this merchandise is imported.

Sincerely,

Jeffrey R. Walgreen
Port Director

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