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NY L85686

June 27, 2005

CLA-2-95:RR:NC:SP:225 L85686


TARIFF NO.: 9503.70.0000; 4202.92.9026

Ms. Linda D. Santos
Hasbro, Inc.
1027 Newport Ave.
P.O. Box 1059
Pawtucket, RI 02862-1059

RE: The tariff classification of ChatNow from China.

Dear Ms. Santos:

In your letter dated June 5, 2005, you requested a tariff classification ruling.

You submitted the following samples, which are being returned upon your request:

Item number 75028, ChatNow, consists of a pair of hand-held communication devices that function as walkie talkies but resemble cell phones. Within their two mile chat range, the devices can also send text messages. A camera function allows the user to take up to 30 pictures and store them. Although functioning as a walkie talkie, the ChatNow is marketed and positioned as a toy version of a cell phone. The ChatNow is packaged in a cardboard box with a plastic covering and a window display. The ChatNow is intended for children 8 years of age and older and requires four “AAA” batteries, which are not included.

Item 75085, ChatNow, consists of two plastic faceplates for the ChatNow described above and a carrycase packaged on a hanging blister card. The faceplate is snapped onto the front of the ChatNow and is considered an accessory for the ChatNow. The carrying case is made-up of man-made fiber textile materials and the outer surface is mainly of polyester textile materials. It is a generic carrying case of a kind designed to contain a slide out type of cell phone and is of a kind not normally sold with such an article. The case does possess the useful characteristics of storage, protection, organization and portability.

The applicable subheading for item number 75028, ChatNow, and the ChatNow faceplates of item number 75085 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.

Whether or not presented with a part or accessory, the applicable subheading for the carry case of item number 75085 will be 4202.92.9026, HTS, which provides for in part, for other bags and containers, with outer surface of textile materials, other, other, of man-made fibers. The rate of duty will be 17.6 percent ad valorem. The carry case falls within textile category designation 670.

Quota and visa status are the result of international agreements that are subject to frequent renegotiations and changes. To obtain the most current information as to whether quota and visa requirements apply to this merchandise, we suggest that you check, close to the time of shipment, the "Textile Status Report for Absolute Quotas" available at our web site at www.cbp.gov. In addition, you will find current information on textile import quotas, textile safeguard actions and related issues at the web site of the Office of Textiles and Apparel, at otexa.ita.doc.gov.

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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