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NY J81612




March 5, 2003

CLA-2-95:RR:NC:SP:225 J81612

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 a “Deluxe Spy Kit” 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 sample submitted, Item #70049, “Deluxe Spy Kit”, is a toy set that consists of a Spy Secret Messenger,™ 2 Spy Motion Alarms,™ a Spy Tech Watch,™ and Spy Binochs™ packaged together inside a window box that indicates use for ages 6 and up. The Spy Secret Messenger™ is a hand-held multi-purpose plastic device that allows a child to send, receive, and decode “secret” messages. It contains 1 invisible ink pen, 1 secret ink revealer, 2 message rockets, 1 message launcher, 1 signal light, 1 flashing signal light, 1 Morse code guide, 1 decoding ring, and a belt clip that attaches to a belt or backpack. The 2 Spy Motion Alarms™ are battery-powered toy motion alarms shaped like smoke detectors that measures approximately ¾ inch in height and 2 inches in diameter. Each alarm has an on/off switch on the side and a red LED indicator that lights up when the unit is working. When activated, the alarm emits an invisible beam that detects motion up to 20 feet away and produces beeping sounds when something crosses the beam’s path. The Spy Tech Watch™ has 12 features including a keypad, a calculator, an alarm, a stopwatch and keeps both local and world time. The item can be password protected and used as an organizer for messages and phone numbers. The Spy Binochs™ are 3x power plastic binoculars that also have a rear view mirror for seeing behind the user, a light for signaling (which can also be detached and worn on a finger) and a belt clip for attachment to a belt or backpack.

In the opinion of this office, all the packaged items are primarily designed for the activity of role-playing as a spy, and put up in a manner indicating their use as toys for the amusement of children.

The applicable subheading for Item #70049, “Deluxe Spy Kit”, will be 9503.70.000, 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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