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NY J85243

June 5, 2003

CLA-2-95:RR:NC:SP:225 J85243


TARIFF NO.: 9503.90.0080

Mr. Dennis Morse
BDP International
2721 Walker Avenue N.W.
Grand Rapids, MI 49504

RE: The tariff classification of a Bio-Scan™ from China.

Dear Mr. Morse:

In your letter dated May 19, 2003, on behalf of your client, Meijer Distribution, you requested a tariff classification ruling.

You have submitted a sample of a Bio-Scan™ identified as item number 68002. The item consists of a toy plastic intruder detector in the shape of a plaque with a hand- mold in its center and an electronic eye on top. The battery-operated detector measures approximately 8 inches in height and 7 inches across and allows a child to program his/her personal “digit” code into the detector’s memory. This is accomplished by having the child press their fingertips against the pressure sensitive hand mold, which then scans and enters that particular finger sequence. The child will then attach the device on his/her door via two hook and loop fasteners adjacent to a magnetic 1” oval “pod” that is placed on the metal door jamb, creating a magnetic link. When the correct code is entered the unit will respond, “access granted.” However, when an “intruder” places his/her hand on the hand mold and enters the incorrect finger code the unit will respond, “access denied.” If the intruder proceeds to enter the room, the magnetic link is broken and the detector provides a daily tally of “security breaches.” The Bio-Scan™ is of limited use and not of the quality one would associate with a professional hand scanning device. Instead it is a toy designed for role-play amusement for a child five years old and up.

Your sample is being returned as requested.

The applicable subheading for the Bio-Scan™ identified as item number 68002 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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