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NY B86006




June 19, 1997

CLA-2:RR:NC:SP:225 B86006

CATEGORY: CLASSIFICATION

TARIFF NO.: 9503.90.0030

Ms. Michele Lane
Prestige Toy Corporation
140 Route 17 North
Paramus, N.J. 07652

RE: The tariff classification of an electronic toy from China

Dear Ms. Lane:

In your letter dated May 28, 1997 you requested a tariff classification ruling.

The product, referred to as a "Virtual Pet Toy", is an oval shaped plastic unit that measures approximately 2 by 1 1/2 inches. It features an LCD display screen with three buttons that activate a digital pet. The concept of the toy is that one must tend to the pet's needs, as if it were alive, by pressing a series of buttons which will provide an electronic form of care such as feeding, cleaning, health needs, etc. Essentially, the owner becomes caregiver to the computer pet which, if left unattended, will expire. In the event of the pet's demise, the product may be reset to begin the "life" cycle again.

A metallic chain is attached to the "Virtual Pet Toy" 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. This office notes that, although you refer to the article 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 "Virtual Pet Toy" 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. At this time articles classified in HTS 9503.90.0030 are not subject to quota restraints or visa requirements.

In addition, please note that importations of the "Virtual Pet Toy" 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.

Your inquiry also addressed the classification of the subject article when imported on a watchband (similar to a bracelet) and on a cord to be worn around the neck (as a necklace). This office, however, is unable to issue a ruling without examining a production sample of each proposed style. When samples become available, you may resubmit your request for a classification ruling.

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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