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June 17, 1999

CLA-2-84:RR:NC:1:110 E82869


TARIFF NO.: 8470.10.0060

Mr. Rick Muser
Kuehne & Nagel, Inc.
150 West Hill Place
Brisbane, California 94005

RE: The tariff classification of a "Pocket Tech" device from China.

Dear Mr. Muser:

In your letter dated May 26, 1999, on behalf of Wild Planet Toys, Inc., you requested a tariff classification ruling.

The merchandise under consideration involves a combination "Pocket Tech" calculator gadget that consists of various articles including a multi-function calculator, pen, pencil with eraser, coin holder, and stencil that are all physically attached to each other. This "Pocket Tech" calculator device is marketed for children ages 6 and up. It includes a belt clip making it convenient to clip onto a child's backpack. This device measures approximately 5 1/2 inches in length by 1 1/2 inches in width, and has a depth of approximately 3/4 inches.

The "Pocket Tech" calculator gadget, model 70017, would meet the definition of a composite good since it incorporates calculating, pen, pencil, coin holder, and stencil functions. The "essential character" of this device, noting GRI-3(b), is exemplified by the calculating functions of this device.

The applicable subheading for the model 70017 "Pocket Tech" calculator gadget will be 8470.10.0060, Harmonized Tariff Schedule of the United States (HTS), which provides for other electronic calculators capable of operation without an external source of power. 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 Arthur Brodbeck at 212-637-7019.


Robert B. Swierupski

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