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NY G84863

November 29, 2000

CLA-2-84:RR:NC:1:110 G84863


TARIFF NO.: 8473.30.5000; 8524.39.4000

Ms. Susan E. Albatal
Hasbro, Inc.
1027 Newport Ave., P.O. Box 1059
Pawtucket, RI 02862-1059

RE: The tariff classification of the Hasbro Barney CD-ROM Playset and the Tonka Workshop from China.

Dear Ms. Albatal:

In your letter dated November 16, 2000, on behalf of Hasbro Inc., you requested a tariff classification ruling.

The merchandise under consideration is the Hasbro "Barney CD-ROM Playset" and the "Tonka Workshop." A sample of the Barney CD-ROM Playset was submitted with your ruling request. The Barney CD-ROM Playset consists of a CD-ROM with instruction booklet and a plastic piece called the Playset Controls. The Playset Controls are a specially designed keyboard controller for children, it is constructed in such a way as to fit over a standard computer keyboard and features several large easy to depress toy instruments keys such as a Trumpet, Violin, Foot Drum, Bongo and a three-key Piano. The Playset Controls are fitted over a keyboard and strapped in place with a nylon strap that is provided. When any one of the musical instrument keys is depressed, a corresponding plunger depresses a particular key on the computer keyboard manipulating the CD-ROM program that has been loaded into the computer.

The Tonka Workshop is similar to the Barney CD-ROM Playset. The Tonka Workshop comes with a plastic workshop control similar to the Barney CD-ROM Playset Controls, but instead of musical instruments this item has keys in the shape of a hammer, screwdriver, sander, sprayer, drill and saw. The workshop control simply straps onto the keyboard and functions in the same manner as the Barney CD-ROM Playset Controls. These controllers are specially designed accessories for use with a computer keyboard. They allow young children to manipulate the keyboard successfully.

The applicable subheading for both the "Barney CD-ROM Playset" and the "Tonka Workshop" will be 8473.30.5000, Harmonized Tariff Schedule of the United States (HTS), which provides for "Parts and accessories suitable for use solely or principally with machines of headings 8469 to 8472: Parts and accessories of the machines of heading 8471: Not incorporating a cathode ray tube: Other." The rate of duty will be free.

As per Legal Note 6 of Chapter 85, records, tapes and other media of heading 8523 or 8524 remain classified in those headings, whether or not they are entered with the apparatus for which they are intended.

The applicable subheading for the CD-ROM software will be 8524.39.4000, Harmonized Tariff Schedule of the United States (HTS), which provides for "Records, tapes and other recorded media for sound or other similarly recorded phenomenaDiscs for laser reading systems: Other: For reproducing representations of instructions, data, sound, and image, recorded in a machine readable binary form, and capable of being manipulated or providing interactivity to a user, by means of an automatic data processing machine; proprietary format recorded discs." 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 Eileen S. Kaplan at 212-637-7019.


Robert B. Swierupski

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