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NY C81953




December 19, 1997

CLA-2-85:RR:NC:1: 112 C81953

CATEGORY: CLASSIFICATION

TARIFF NO.: 8543.89.9695

Mr. Anthony D. Melendez
Kmart Corporation
3100 West Big Beaver Road
Troy, MI 48084-3163

RE: The tariff classification of electronic learning devices from China

Dear Mr. Melendez:

In your letter dated November 19, 1997 you requested a tariff classification ruling.

As indicated by the submitted samples, your request involves five specific models, as follows:

- Deluxe Ultra Pack PC & Cart - Code 54-29-39 - Headstart Computer - Code 54-29-41
- Ultra Pack PC - Code 54-94-17
- Smart Start Basic Plus - Code 37-19-78
- Precomputer Prestige - Code 37-18-80

Each of these models is battery operated. The Prestige and the Ultra Pack possess word processing features, and all models contain varying degrees of educational programs.

The applicable subheading for these models will be 8543.89.9695, Harmonized Tariff Schedule of the United States (HTS), which provides for other electrical machines and apparatus, ..., not specified or included elsewhere in Chapter 85, HTS. The rate of duty will be 3.1 percent ad valorem. For merchandise entered for consumption, or withdrawn from warehouse for consumption, on or after January 1, 1998, the rate of duty will be 2.9 percent ad valorem.

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 David Curran at 212-466-5680.

Sincerely,

Robert B. Swierupski
Director,

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