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NY L86309

July 20, 2005

CLA-2-95:RR:NC:SP:225 L86309


TARIFF NO.: 9503.70.0000; 9503.90.0080

Ms. Amy Schmerl
Wild Planet Toys, Inc.
225 Bush Street, Suite 1300
San Francisco, CA 94104

RE: The tariff classification of toys from China.

Dear Ms. Schmerl:

In your letter dated July 12, 2005, you requested a tariff classification ruling.

You submitted the following toy samples:

Item 70110, Spy Pen – X2, is a 4 piece toy spy kit that consists of a 6-1/2” plastic recording and playback device, two snap-on plastic scopes, a detachable plastic pen, and a plastic housing unit that fits over the top of the recording device and serves as a carrying case. The plastic pen measures approximately 5-1/4” in length and 1” in diameter and lights up at one end for writing in the dark, with a built-in voice recorder in its other end. The plastic scopes snap-on to the pen for long distance spying. The kit is packaged on an illustrated hang card and is designed for a child 6 years of age and older role-playing as a spy.

Item 70108, Agent Tracker, is a toy set that consists of two plastic electronic devices that serve as tracking devices for a child six years of age and older role-playing as a spy. The first device is a “Bug” which measures approximately 2” in height x 2-1/2” in diameter and is planted on the unsuspecting quarry. The second device is a hand-held “Tracker” that measures approximately 2” in height x 2-1/4” in width x 3-1/4” in length and is used to trail the subject. The “Tracker” has a distance indicator that changes colors as you get nearer to the target. Blue is for cold, yellow is for warm, and red is when the “Bug” is located. The electronic devices are packaged inside an illustrated cardboard box and require a total of six “AAA” batteries, which are not included.

Item 70111, Spy Light Hand, consists of a plastic toy device that measures approximately 1-1/4” in height x 3” across and attaches to the wrist of a child via an adjustable wristband. Extending from the device are four clear plastic flexible cables that have soft clips on their ends for attaching to four of the child’s fingertips. When two “AAA” batteries (not included) are inserted inside the device and the button on the top of the device turned “on”, the cables glow red. The device is packaged on an illustrated hand card and is intended to provide glow in the dark amusement for a child six years of age and older.

The applicable subheading for item 70110, Spy Pen - X2, and item 70108, Agent Tracker, 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 item 70111, Spy Light Hand, 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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