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NY B85928




June 12, 1997

CLA-2:RR:NC:SP:225 B85928

CATEGORY: CLASSIFICATION

TARIFF NO.: 9503.90.0030

Ms. Joanne Balice
CBI Distributing Corp.
2400 W. Central Road
Hoffman Estates, IL 60195-1930

RE: The tariff classification of an electronic toy from China

Dear Ms. Balice:

In your letter dated May 22, 1997 you requested a tariff classification ruling.

The sample submitted is called an "Electronic Pet Game," style #37186. The item is an oval shaped plastic unit that measures 2 by 1 1/2 inches. It features an LCD display screen with four 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 depressed 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 depressed to restart the "life" cycle again.

A metallic chain is attached to the "Electronic Pet Game" which serves as a means to carry the product around. The item is battery operated and will be sold on a blister card with printed instructions. Note that, although referred to as a "game", the product does not possess the competitive characteristics of a game as the term is applied in the tariff schedule under heading 9504, HTS.

The applicable subheading for the "Electronic Pet Game," style #37186, will be 9503.90.0030, Harmonized Tariff Schedule of the United States (HTS), which provides for other toys (except models), not having a spring mechanism. The rate of duty will be free.

Additionally, please note that importations of the "Electronic Pet Game" may be subject to the provisions of Section 133 of the Customs Regulations if it copies or simulates a registered copyright work recorded with the Customs Service. For further information on this subject you may contact your local Customs office prior to importation.

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,

Gwenn Klein Kirschner
Chief, Special Products Branch

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