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NY J86158




June 17, 2003

CLA-2-85: RR: NC: 1:108 J86158

CATEGORY: CLASSIFICATION

TARIFF NO.: 8527.19.5035

Ms. Amy Schemer
Wild Planet
98 Battery Street, Suite 300
San Francisco, CA 94111

RE: The tariff classification of an inflatable FM radio from China.

Dear Ms. Schmerl:

In your letter dated June 5, 2003, you requested a tariff classification ruling.

The item in question is denoted as the Air Boom Box. It is a FM battery operated radio housed in an inflatable plastic housing. The radio is a fully functional radio designed to receive FM radio broadcasts. It is housed with speakers and an antenna. Once inflated the user can control on/off, station selection and volume with soft touch controls. It is portable and is easily carried by the user.

It should be noted that this office conducted a demonstration and the item functioned as a broadcast radio.

The applicable subheading for the Air Boom Box inflatable battery operated FM radio will be 8527.19.5035, Harmonized Tariff Schedule of the United States (HTS), which provides for Reception apparatus for radiotelephony, radiotelegraphy or radiobroadcasting, whether or not combined, in the same housing, with sound recording or reproducing apparatus or a clock: Radiobroadcast receivers capable of operating without an external source of power, including apparatus capable of receiving also radiotelephony or radiotelegraphy: Other: Other Other: FM only or AM/FM only. The rate of duty will be 3 percent ad valorem.

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 Michael Contino at 646-733-3014.

Sincerely,

Robert B. Swierupski
Director,

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