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NY L85102




June 20, 2005

CLA-2-95:RR:NC:SP:225 L85102

CATEGORY: CLASSIFICATION

TARIFF NO.: 9503.50.0000

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

RE: The tariff classification of toy musical instruments from China.

Dear Mr. Morse:

In your letter dated May 27, 2005, on behalf of Meijer Distribution, you requested a tariff classification ruling.

You submitted the following photographs:

Item number 866770, Laser Light Guitar, is a child sized toy guitar powered by four “AA” batteries that is intended for use by a child five years of age and older. The guitar features 6 frets (purple buttons), a keyboard (6 piano keys), 3 drum pads with 3 different drum sounds, 4 rhythm keys, 2 keys that control tempo, an on/off switch on the back of the guitar, an on/off volume dial, and a demo/stop button. Each time a button is pressed on the guitar, a laser light located near the neck of the guitar will spin around. A child will derive amusement by pushing the buttons and watching the laser light while “creating” their music.

Item number 866784, Wireless Air Stix, is a toy musical hand-held light stick that is comprised of a clear light stick with a handle and powered by four “AA” batteries. The handle has a built-in speaker at one end, and built-in snare, cymbal, tom-tom, and hi-hat drum buttons, and rhythm and demo/play buttons at the other end of the handle. Various patterns of rhythms and sounds can be activated via these buttons, or the “Stix” will start playing automatically when swung through the air in a drumming motion.

The applicable subheading for item number 866770, Laser Light Guitar, and item number 866784, Wireless Air Stix, will be 9503.50.0000, 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: Toy musical instruments and apparatus and parts and accessories thereof.” The rate of duty will be Free.

Your inquiry does not provide enough information for us to give a classification ruling on item number 866786, Digital Drum, and item number 866777, Rockin Keyboard. Your request for a classification ruling should include samples of the Digital Drum and the Rockin Keyboard. When these samples are available, you may wish to consider resubmission of your request. If you decide to resubmit your request, please include all of the material that we have returned to you, along with the samples of the Digital Drum and the Rockin Keyboard.

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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