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NY K89796





October 6, 2004
CLA-2-95:RR:NC:SP:225 K89796

CATEGORY: CLASSIFICATION

TARIFF NO.: 3924.90.1010; 9503.50.0000; 9503.80.0000

Ms. Amy Schmerl
Wild Planet Toys, Inc.
225 Bush Street, 13th Floor
San Francisco, CA 94104

RE: The tariff classification of a Dazzlin’ Doorway, Beat Blenders, and a Spy Robot from China.

Dear Ms. Schmerl:

In your letter dated September 23, 2004, you requested a tariff classification ruling.

You submitted the following samples:

Item number 85000, Dazzlin’ Doorway, is a “fashion” curtain that is made of clear vinyl strips decorated with pink and purple geometric shapes and is designed to be hung over a doorway via a plastic rod and inserted screws. Various sound effects such as applause, music, or a personal greeting can be recorded onto a “controller”, which is a battery operated recorder and playback device that fits into the curtain rod. A hand-held device connected by cord to the “controller” allows one to play back the various sound effects when one emerges from the curtain. The curtain functions as a curtain whether or not the sound effects are utilized. The “controller” is powered by three “AAA” batteries, which are not included.

Item number 62007, Beat Blenders, consists of a plastic hand-held toy device that allows a child 8 years of age and older to “be their own DJ” by mixing various sample tunes and playing them back through its 2” speaker. The toy has settings for volume and control, beat selectors for mixing drum, rhythm and lead tracks, a song editor, and a connector cord for linking multiple Beat Blenders, which have their own individual song samples. The item requires three “AAA” batteries, which are included, and will automatically shut off after three minutes of inactivity.

Item number 70082, Spy Robot, consists of a plastic wheeled 12” toy robot rover and a remote control unit. The rover has a claw in front for picking up “evidence”, a headlight for night missions and a built-in recorder for eavesdropping. The remote control has toggles for maneuvering the rover and activating the claw, headlight, and recorder. Operating the rover and the remote requires five “AA” batteries and one 9-volt battery, which are not included. The toy is designed to provide role-play amusement for a child six years of age and older playing the part of a spy.

The applicable subheading for item number 85000, Dazzlin’ Doorway, will be 3924.90.1010, Harmonized Tariff Schedule of the United States (HTS), which provides for “Tableware, kitchenware, other household articles and toilet articles of plastics: Other: Curtains and drapes, including panels and valances; napkins, table covers, mats, scarves, runners, doilies, centerpieces, antimacassars and furniture slipcovers; and like furnishingscurtains and drapes.” The rate of duty will be 3.3 percent ad valorem.

The applicable subheading for item number 62007, Beat Blenders, will be 9503.50.0000, 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: Toy musical instruments and apparatus and parts and accessories thereof.” The rate of duty will be Free.

The applicable subheading for item number 70082, Spy Robot, will be 9503.80.0000, HTS, which provides for “Other toys and models, incorporating a motor, and parts and accessories thereof.” The rate of duty will be Free.

Due to the large number of items involved, we are unable to rule on item number 85001, Photo Gal*lery, item number 85002, My Voice, and item number 85003 Mini Room Mates. The items are not toys, nor items of the same class or kind. Moreover, the three components of the Mini Room Mates may not be a set. Therefore, it is advised that items 85001, 85002, and 85003 be resubmitted with a separate letter for each one. In the future, please limit binding ruling requests to a maximum of five items of the same class or kind per ruling letter request. For example, a photo album, a lamp, a fan, and a radio should not be submitted with toys. See enclosed pipeline for binding ruling procedures.

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.

Sincerely,

Robert B. Swierupski
Director,

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