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NY N022146




February 15, 2008

CLA-2-85:OT:RR:NC:N1:109

CATEGORY: CLASSIFICATION

TARIFF NO.: 8517.69.0000 8543.70.9650

Ms. Una Gauthier
CVS Onsite Import Client Liaison
Barthco International, Division of Ozburn-Hessey Logistics One CVS Drive
Woonsocket, RI 02895

RE: The tariff classification of Hannah Montana FM wireless microphone and a High School Musical keychain from China

Dear Ms Gauthier:

In your letter dated January 16, 2008, you requested a tariff classification ruling, on behalf of your client CVS/Pharmacy.

The merchandise subject to this ruling is a Hannah Montana FM wireless microphone and a High School Musical keychain.

The Hannah Montana FM wireless microphone is a microphone that allows the user to hear their voice or sound effects transmitted through radio speakers. This wireless microphone is identified as Item # 447741. It features an on/off switch to operate which causes the microphone antenna to light up. The microphone utilizes 2 AAA batteries (not included) to operate. The user tunes the radio to an unused FM frequency and presses the appropriate button labeled “A”, “S” or “M” on the microphone. When the user presses the button labeled “A”, it allows one to hear fans’ applause over the radio. Pressing the ”S” button allows one to hear a DJ scratch effect and pressing the “M” button allows the user to hear his or her own voice over the radio while either speaking or singing. A sample of the merchandise was submitted to this office for classification purposes.

The High School Musical keychain is a metal chain with a D-ring attached to a plastic module which contains a musical chip and batteries. It is identified as Item # 447259. When a button on the key chain is pressed, the module plays a song from the movie High School Musical. The keychain portion can be fastened to a belt loop, backpack, etc. The plastic module comes in three assorted styles. One is in the shape of a star with a picture of two actors from the movie, another is in the shape of a microphone, and another is in the shape of a basketball, a sample of which was submitted for classification purposes). The keychain utilizes three button cell batteries.

The applicable subheading for the Hannah Montana FM wireless microphone (Item # 447741) will be 8517.69.0000, Harmonized Tariff Schedule of the United States (HTSUS), which provides for “Other apparatus for transmission or reception of voice, images or other data, including apparatus for communication in a wired or wireless network (such as a local or wide area network): Other.” The rate of duty will be free.

The applicable subheading for the high school musical keychain (Item # 447259) will be 8543.70.9650, Harmonized Tariff Schedule of the United States (HTSUS), which provides for “Electrical machines and apparatusOther machines and apparatus: Other: Other: Other: Other.” The rate of duty will be 2.6 percent ad valorem.

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 Linda M. Hackett at 646-733-3015.

Sincerely,

Robert B. Swierupski
Director,

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