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NY J88075

August 22, 2003

CLA-2-95:RR:NC:SP:225 J88075


TARIFF NO.: 9503.70.0000; 9503.90.0080

Ms. Amy Schmerl
Wild Planet Toys, Inc.
98 Battery Street, Suite 300
San Francisco, CA 94111

RE: The tariff classification of toys from China.

Dear Ms. Schmerl:

In your letter dated August 8, 2003, you requested a tariff classification ruling.

You submitted samples of an “Action Tracker” identified as item number 82019, a “Mini Spy Recorder” identified as item number 83101, and “Eye-Link Communicators” identified as item number 70058. The “Action Tracker” is a toy set designed to “track” movement up to 75 feet away and consists of 3 plastic motion sensors, 1 dry-erase marker, and 1 hand-held map grid. To operate, a child six years of age and older will set the sensors to the “on” position and place them around the house (in the kitchen, in front of the door to their room, etc.). Once the sensors are placed, the child will draw a map of the sensor locations on the hand-held map grid tracking device. When someone moves in front of a sensor, the grid will display a flashing LED light and/or an audible beep. The “Action Tracker” is intended to provide frivolous amusement as the child “tracks” family members around the house. It requires 8 AAA batteries, which are not included.

The “Mini Spy Recorder” consists of a toy mini tape recorder that measures approximately 3 inches in height and 1-1/2 inches across that records and plays back limited messages (6 seconds or less). The item is intended to provide frivolous amusement for a child role-playing as a spy on “secret missions.”

The “Eye-Link Communicators” is a toy set designed for a child six years and older that consists of 2 keyboard transmitters and 2 headset displays that permits two persons to send text messages back and forth. Each rectangular-shaped keyboard transmitter measures approximately 1 inch in height x 2-1/2 inches in width x 4 inches in length, and attaches to the wrist via adjustable straps. The keyboard allows the wearer to type and send instant messages to another person wearing the headset. Each headset has adjustable straps and attaches to the back of the head. A connective piece extends in front of the wearer’s eye and has a tiny display screen. When a message is sent, it will appear on the tiny display screen and be read by the wearer of the headset. The messages can only be sent a limited distance of up to 200 feet. This toy set provides frivolous amusement by allowing silent messages to be sent back and forth by children role-playing as spies.

The applicable subheading for the “Action Tracker” identified as item number 82019 and the “Eye-Link Communicators” identified as item number 70058 will be 9503.70.0000, 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.

The applicable subheading for the “Mini Spy Recorder” identified as item number 83101 will be 9503.90.0080, 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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