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NY I89211




December 12, 2002

CLA-2-95:RR:NC:SP:225 I89211

CATEGORY: CLASSIFICATION

TARIFF NO.: 9503.90.0080

Ms. Linda D. Santos
Hasbro, Inc.
1027 Newport Ave.
P.O. Box 1059
Pawtucket, RI 02862-1059

RE: The tariff classification of a Thintronics Slap Message Band from China.

Dear Ms. Santos:

In your letter dated December 4, 2002, you requested a tariff classification ruling.

The submitted sample, Item #71063, Thintronics Slap Message Band, consists of a plastic wrist band powered by a non-replaceable battery that allows the wearer to record a six second message. To activate the battery, a tab is removed on one side of the band, the record button is depressed, and the message is recorded. The band is then given to a friend who will play back the message, record a response, and pass the band back to the sender. Packaging indicates that the product is to be disposed of once the battery stops functioning.

In the opinion of this office, the recording capability is the essential character of this item and its limited use (six seconds) and enclosed marketing literature clearly indicates the use of this item as a toy.

The applicable subheading for Item #71063, Thintronics Slap Message Band, 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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