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NY J85565

June 12, 2003

CLA-2-95:RR:NC:SP:225 J85565


TARIFF NO.: 9503.80.0000

Ms. Lorrie Heavey
ATE Logistics, Inc.
855 South 192nd, Suite 900
SeaTac, WA 98148

RE: The tariff classification of a Fly & Discover Globe™ from China.

Dear Ms. Heavey:

In your letter dated June 3, 2003, on behalf of vtech® Industries, you requested a tariff classification ruling.

You have submitted a sample of a Fly & Discover Globe™ identified as item number 60420/1. The item is an interactive talking toy that is programmed with three activity modes for children 3 years of age and up. The battery-operated toy consists of an illustrated, multicolored plastic globe that measures approximately 6 inches in diameter with an attached plastic arm featuring a plastic plane with pilot and a 1 inch spyglass. The globe is attached to a control base that measures approximately 4-1/2 inches in diameter and 9 inches in length and contains four buttons and a plastic “joystick.” Pressing the four buttons (on/off, and activity modes Bright Flight, Tricky Travels, and Creature Feature) causes the globe to spin and allows the child to manipulate the joystick. Moving the joystick simultaneously results in the plastic arm with the plane/pilot and spyglass moving around the globe to “explore” the continents, animals, and oceans suggested by the various activity modes. The spyglass is used to zero in on a particular point of interest. While this is occurring, an automated voice informs the child about the various sites and later “tests” the child’s ability to find the previously discussed places and animals on the globe. In addition, the globe plays music and has sound effects for the plane and various animals encountered during the exploration. The item functions as an educational toy introducing a child to the field of geography, but the item also provides frivolous amusement through the manipulation of the joystick and the music and sound effects even if no actual learning takes place.

The applicable subheading for the Fly & Discover Globe™ identified as item number 60420/1 will be 9503.80.0000, Harmonized Tariff Schedule of the United States (HTS), which provides for “Other toys and models, incorporating a motor, 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.


Robert B. Swierupski

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