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NY A80092




March 8, 1996

CLA-2-95:RR:NC:FC: 225 A80092

CATEGORY: CLASSIFICATION

TARIFF NO.: 9503.80.0010; 9503.80.0050

Ms. Marjorie M. Shostak
Stein, Shostak, Shostak & O'Hara
1620 L Street, N.W. Suite 807
Washington, D.C. 20036-5605

RE: The tariff classification of a toy camera and accessories from China

Dear Ms. Shostak:

In your letter dated February 4, 1996, received in this office on February 7, 1996, you requested a tariff classifi-cation ruling on behalf of your client Mattel, Inc.

The subject items are part of the Fisher-Price Preschool line of toys for children and were examined at the American International Toy Fair. The "Creative Effects Instant Camera", item #3860, resembles a real camera in appearance. It functions, however, by transposing an image in similar fashion to a digital camera. Then, the electronic image is deposited on paper using thermal fax technology.

The camera incorporates an uncoated, fixed focus, plastic lens which is capable of capturing a subject from up to four feet away. In taking the picture a child peers through a viewfinder type device and presses a button on the camera. A picture is transferred onto heat sensitive paper which is stored on a roll, within a picture pack, inside the unit.

An integral feature is found in the cartridge component which produces, through electronic technologies, unique special effects such as fancy designs which frame the picture. The user may select to print their photo within the confines
of a dollar bill, television set, comic strip, etc. During the "processing" period a musical tune is played.

Upon completion of the printing process, the paper is pushed out the front of the camera and is removed by simply tearing it off. All pictures are printed in black and white only. The finished product may be further enhanced by coloring and adding script.

Due to the nature of the product and considering its overall construction, use and quality of the finished picture produced this office finds the camera qualifies as a toy designed for amusesment purposes.

The "Creative Effects Instant Camera Picture Packs", item 3861 and 3862 are refill picture packs. The refill pack contains a roll of heat sensitive paper stored within a plastic housing unit. Each picture pack holds enough paper to produce approximately 50 pictures.

The "Creative Effects Instant Camera Creativity Kit Assortments", items #3870 through #73877, consists of a line of assorted accessories. Each kit has a cartridge which produces different special effects on the photo and the necessary components to carry out the theme of the accessory pack.

Your letter states that the refill picture packs and accessories are designed solely for use with the "Creative Effects Instant Camera". In light of this, and noting that they are advertised and sold in conjunction with the toy camera, this office recognizes the kits as parts and accessories of toys.

The applicable subheading for the "Creative Effects Instant Camera", item #3860, will be 9503.80.0010, Harmonized Tariff Schedule of the United States (HTS), which provides for other toys (except models): incorporating an electric motor. The rate of duty will be free.

The applicable subheading for the "Creative Effects Instant Camera Picture Packs", items #3861 and #3862, and "Creative Effects Instant Camera Creativity Kit Assortments", items #3870 through #3877, will be 9503.80.0050, Harmonized Tariff Schedule of the United States (HTS), which provides for other toys and models, incorporating a motor: parts and accessories. The rate of duty will be free.

This ruling is being issued under the provisions of Section 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 J. Wong at 212-466-5538.

Sincerely,

Roger J. Silvestri
Director,

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