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NY F80421

December 17, 1999

CLA-2-95:RR:NC:SP:225 F80421


TARIFF NO.: 9503.90.0045

Ms. Ann Williams
Tower Group International, Inc.
205 West Service Road
Champlain, N.Y. 12919

RE: The tariff classification of an educational toy from China

Dear Ms. Williams:

In your letter dated November 30, 1999, you requested a tariff classification ruling on behalf of Battat Inc.

A sample of the “Micro-Viewer”, product #MS2222, was submitted to this office. The article consists of a tabletop plastic viewer and 61 accessories. The display screen of the viewer measures approximately 5 ½ by 6 ½ inches. It projects an enlarged image of selected objects that fit on a slide placed under the viewer lens. The item claims to magnify at powers of 30X through 80X. Among the numerous accessories included are an eyepiece, petri dish, spare bulb, lenses, slides, labels, instructions, etc. The article is imported packaged together in a window box for retail sale and is marketed to ages 8 and up.

For classification purposes, the viewer is not considered to be a compound microscope as it has only one stage of magnification. In light of this, the unit appears to be limited in its function. Noting its lack of abilities and the manner in which this product is put up for retail sale, it is our opinion that the primary use of the article will be as a toy for amusement purposes.

The applicable subheading for the “Micro-Viewer,” product #MS2222, will be 9503.90.0045, Harmonized Tariff Schedule of the United States (HTS), which provides for other toys: other: other toys and models. The rate of duty in 1999 and 2000 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 Alice J. Wong at 212-637-7028.


Robert B. Swierupski

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