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NY I89621

December 31, 2002

CLA-2-95:RR:NC:SP:225 I89621


TARIFF NO.: 9503.90.0080

Mr. Bernie Cox
O’Neill & Whitaker, Inc.
144-35 157th Street
Jamaica, NY 11434

RE: The tariff classification of a Petit Metal Detector from China.

Dear Mr. Cox:

In your letter dated December 20, 2002, you requested a tariff classification ruling.

The sample submitted, Item #MD012, Petit Metal Detector, is a toy battery powered hand-held metal detector made of plastic that contains a flashing red and green LED display and measures approximately 12 inches in length. The item emits a beeping sound whenever in close proximity to a metal object, and is designed for a child eight years and older to replicate the grown-up activity of using a metal detector to search for buried objects. The item’s limited use is indicated by its lack of durability, its sizing for a child, and the photographs on its packaging that depict children being amused utilizing the item to find “hidden” objects in their own rooms. A 9 volts battery is required for operation, which is not included.

Your sample is being returned as requested.

The applicable subheading for Item #MD012, Petit Metal Detector, 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.


Robert B. Swierupski

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