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NY R03999

May 30, 2006

CLA-2-95:RR:NC:SP:225 R03999


TARIFF NO.: 9503.90.0080

Ms. Lorianne Aldinger
Rite Aid Corporation
P.O. Box 3165
Harrisburg, PA 17105

RE: The tariff classification of a “Virtual Pet” from China.

Dear Ms. Aldinger:

In your letter dated May 22, 2006, you requested a tariff classification ruling.

You submitted photographs of a “Virtual Pet” (no item number), which is a hand-held toy digital pet made of a plastic housing with electronic components. It features an LCD display screen with buttons that activate a digital pet. Amusement is derived from pretending that your pet is "alive" and in order to maintain it's state of well being one must diligently administer life sustaining needs in the form of pressing a series of buttons. The buttons pressed represent activities such as feeding, playing, cleaning, health needs, etc. The user becomes a caregiver to the computer pet which, if left unattended, will ultimately "die". In the event of the pet's demise, a reset button may be pressed to re-start the “life” cycle. A metallic chain is attached to the “Virtual Pet” to carry the product around. The item is battery operated and will be sold on a blister card with printed instructions.

It is our determination that the “Virtual Pet” is a toy and that it's principal use is for amusement, not to provide competition or score keeping as in a game. The applicable subheading for the “Virtual Pet” (no item number) will be 9503.90.0080, Harmonized Tariff Schedule of the United States (HTSUS), 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.

Duty rates are provided for your convenience and are subject to change. The text of the most recent HTSUS and the accompanying duty rates are provided on World Wide Web at http://www.usitc.gov/tata/hts/.

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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