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NY J81609




March 5, 2003

CLA-2-95:RR:NC:SP:225 J81609

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 “Spy Micro Listener” from China.

Dear Ms. Stuart:

In your letter dated February 25, 2003, on behalf of Wild Planet Toys, Inc., you requested a tariff classification ruling.

The submitted sample, Item #70048, “Spy Micro Listener”, is a toy listening device that can be plugged into the ear or clipped onto a pocket that allows the user to hear sounds up to 30 feet away. The battery-powered device measures approximately 3 inches in length x 2 inches in width and has an attached sound dish. To operate, the user places the ear piece in the ear, turns the switch in back to the “on” position, and turns the sound dish outward to receive sounds. An automatic volume control protects against very loud sounds. The item is intended to provide amusement for a child six years of age and older engaging in pretend missions as a secret agent.

The applicable subheading for Item #70048, “Spy Micro 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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