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NY I85362




August 27, 2002

CLA-2-95:RR:NC:SP:225 I85362

CATEGORY: CLASSIFICATION

TARIFF NO.: 9503.90.0080

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

RE: The tariff classification of a Secret Listener™ from China.

Dear Ms. Stuart:

In your letter dated August 8, 2002, on behalf of Wild Planet Toys Inc., you requested a tariff classification ruling.

The sample submitted, Item #82010, Secret Listener,™ consists of a plastic toy listening device that, when its lid is closed, resembles a clam-shell shaped CD player, and when it’s lid is up resembles an open hinged clam shell. The top lid contains a tiny listening dish that can pick up sounds from 30 feet away. The bottom half of the hinged “shell” has compartments containing a pen, a notepad, and earphones for silent listening. Accompanying advertising suggests the item is intended for the use of children aged 6 years and older for amusing “covert” activities during spy games. The product is powered by one 9 volts battery (not included).

The applicable subheading for Item #82010, Secret Listener,™ will be 9503.90.0080, Harmonized Tariff Schedule of the United States (HTS), which provides for “Other toys; reduced-size ("scale") models and similar recreational models, working or not; puzzles of all kinds; parts and accessories thereof: Other: Other.” 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 Wong at 646-733-3026.

Sincerely,

Robert B. Swierupski
Director,

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