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NY B86749




July 9, 1997

CLA-2-95:RR:NC:SP:225 B86749

CATEGORY: CLASSIFICATION

TARIFF NO.: 9503.90.0030

Ms. Karen Ippolito
Guidone Customs Service, Inc.
148-08 Guy R. Brewer Blvd.
Jamaica, N.Y. 11434

RE: The tariff classification of an electronic toy from Hong Kong

Dear Ms. Ippolito:

In your letter dated May 13, 1997 you requested a tariff classification ruling on behalf of your client Orion Fashions, Inc.

The submitted sample, called "My Pocket Puppy", is an oval shaped plastic unit that measures approximately 2 by 1 1/2 inches. It features an LCD display screen with four 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, playing, health needs, etc. Essentially, the owner becomes caregiver to the computer pet which, if left unattended, will either get sick or "go away". One may restart the "life" cycle again by pressing a reset button located on the back of the item. A metallic chain with metal clasp, which you refer to as a keychain, is attached to the article. The item is battery operated and will be sold on a blister card with printed instructions.

This product is considered a composite good, which are goods consisting of different materials or made up of different components. The item shall be classified as if it consisted of the material or component which gives it its essential character. In this instance, the electronic toy unit imparts the essential character of "My Pocket Puppy."

It is noted 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 "My Pocket Puppy" 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.

In addition, please note that importations of "My Pocket Puppy" 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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