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NY I89612




January 9, 2003

CLA-2-95:RR:NC:SP:225 I89612

CATEGORY: CLASSIFICATION

TARIFF NO.: 9503.70.0000

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

RE: The tariff classification of Undercover Girls™ Hip Talkies™ from China.

Dear Ms. Stuart:

In your letter dated December 18, 2002, on behalf of Wild Planet Toys, you requested a tariff classification ruling.

The submitted sample, Item #82013, Undercover Girls™ Hip Talkies,™ is a toy set that consists of twin 5” plastic walkie-talkies with built-in FM radios that resemble MP3 players and can be clipped on a backpack or a belt. Each walkie-talkie is equipped with a hands-free headset with a mini microphone that wraps around the ear for communicating up to 150 feet outdoors. When not using the walkie-talkie function, a push button on the side of the walkie-talkie allows the user to switch to the built-in FM radio with auto-scan. The radio is of limited use with the walkie-talkie imparting the essential character. One 9 volts battery (not included) is required per walkie-talkie. The toy set is packaged on a hanging blister card and designed for the amusement of children aged 6 years and older.

The applicable subheading for Item #82013, Undercover Girls™ Hip Talkies,™ will be 9503.70.0000, Harmonized Tariff Schedule of the United States (HTS), which provides for “Other toys, put up in sets or outfits, and parts and accessories thereof.” 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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