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NY A85145




July 25, 1996

CLA-2-95:RR:NC:FC: 225 A85145

CATEGORY: CLASSIFICATION

TARIFF NO.: 9503.70.0030

Mr. Michael Rosbach
Rite Aid Corporation
P.O. Box 3165
Harrisburg, PA 17105

RE: The tariff classification of a toy walkie-talkie set from China

Dear Mr. Rosbach:

In your letter dated July 2, 1996 you requested a tariff classification ruling.

The submitted sample, item #95130, "Walkie Talkie Set" consists of two walkie-talkies in a blister package. Each low-powered transceiver operates on one 9 volt battery that is not included. The housing unit is made of plastic with a flexible antenna and belt clip attached. Both articles have a volume control knob, Morse code key and grill covered speaker. The packaging states the item is designed for "ages 5 and up". It is available in two styles bearing a police or firefighter theme.

Due to the construction, limited range capacity, cost and intended use of the walkie-talkie set the item is considered a toy designed purely for amusement purposes.

The applicable subheading for item #95130, "Walkie Talkie Set" will be 9503.70.0030, Harmonized Tariff Schedule of the United States (HTS), which provides for other toys, put up in sets or outfits, and 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 J. Wong at 212-466-5538.

Sincerely,

Roger J. Silvestri
Director,

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