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NY J83690

May 23, 2003

CLA-2-85:RR:NC:1:112 J83690


TARIFF NO.: 8543.89.9695

Ms. Barbara J. Riley
Kmart Corporation
3100 West Big Beaver Road
Troy, MI 48084-3163

RE: The tariff classification of DJ Skribble’s Spinheads from China

Dear Ms. Riley:

In your letter dated April 17, 2003 you requested a tariff classification ruling.

As requested by the submitted samples and literature, there are two types of DJ Skribble’s Spinheads in question. The “Phat Ride”, item #66-96-07, is an audio amplifier consisting of a representation of a sports car and driver. The “Vinylizer”, item #66-96-08, is an audio mixing station consisting of a representation of a DJ, and various switches and buttons for electric functions. Both items are battery operated.

The applicable subheading for the “Phat Ride”, item #66-96-07, and the “Vinylizer”, item #66-96-08, will be 8543.89.9695, Harmonized Tariff Schedule of the United States (HTS), which provides for other electrical machines and apparatus, , not specified or included elsewhere in Chapter 85, HTS. The rate of duty will be 2.6 percent ad valorem.

Your inquiry does not provide enough information for us to give a classification ruling on the Skribble’s Spinheads Figures. Your request for a classification ruling should include specific information as to whether these figures contain any electrical apparatus, and exactly what function they perform. When this information is available, you may wish to consider resubmission of your request. We are returning any related samples, exhibits, etc. If you decide to resubmit your request, please include all of the material that we have returned to you.

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 David Curran at 646-733-3017.


Robert B. Swierupski

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