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NY G81269




September 27, 2000

CLA-2-95:RR:NC:SP:225 G81269

CATEGORY: CLASSIFICATION

TARIFF NO.: 9503.90.0045

Ms. Jenette Stuart
Kuehne & Nagel, Inc.
150 West Hill Place
Brisbane, CA 94005-1216

RE: The tariff classification of an electronic toy from China

Dear Ms. Stuart:

In your letter dated August 17, 2000, received in this office on August 30, 2000, you requested a tariff classification ruling on behalf of your client Wild Planet Toys, Inc.

The submitted item is called a “Radio DJ” and, when properly set up, can broadcast a child’s voice over the radio. The plastic simulated control panel is designed to allow a child to pretend to be a radio broadcaster. The panel contains an adjustable microphone, built-in wire antenna, cassette tape player and an “ON AIR” screen display that lights up when turned on. There are two volume controls, one for music and the other for voice and sound effects such as laughter, applause, etc. The unit is battery-operated and incorporates a cassette player with fast forward, play and stop features. However, it does not have a rewind button or speakers to emit sound. The unit is capable of transmitting one’s voice and music from the tape player, over a designated AM radio channel. It uses the speakers of the radio for audio function (radio not included). The product allows the child to simulate being a Disc Jockey by hearing their voice on the “radio” and providing controls to select and play their own desired music, including sound effects. The item is imported in a closed box that pictures a child using the item. The box indicates use for ages 6 and up.

This office finds the product has “limited use” because of its design, construction, and inability to function in a practical fashion. The item is easily distinguishable as a toy for children’s amusement.

The applicable subheading for the “Radio DJ” 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 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.

Sincerely,

Robert B. Swierupski
Director,

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