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April 21, 1999

CLA-2-95:RR:NC:SP:225 D89550

CATEGORY: CLASSIFICATION

TARIFF NO.: 9503.90.0045

Mr. Louis S. Shoichet
Tompkins & Davidson, LLP
One Astor Plaza
1515 Broadway
New York, N.Y. 10036-8901

RE: The tariff classification of an imitation cellular phone and toy clock radio from China

Dear Mr. Shoichet:

In your letter dated March 19, 1999, received in this office on March 22, 1999, you requested a tariff classification ruling on behalf of your client Avon Products, Inc.

You have submitted two prototype samples of “Barbie™ Pack Pals” which have been developed to the point at which a class-ification decision may be offered. Each item consists of a toy with a metal clip fastener attached by a string of plastic beads. The fastener is intended to clip onto a belt loop, back pack, etc. While the products may serve a somewhat ornamental purpose they nevertheless, function as a toy with manipulative play in having to press buttons to activate a variety of sounds. One toy depicts a cell phone that measures 2 3/4" in height and 2" in width. The phone contains buttons which produce sounds of ringing, dialing, etc. The clock radio incorporates a preprogrammed sound chip which plays music, “cool” messages, etc. The item measures 3" in length and 1 1/2" in width. Your samples are being returned as requested.

The classification of merchandise under the Harmonized Tariff Schedule of the United States (HTS), is governed by the General Rules of Interpretation (GRI'S). GRI 1 of the HTS, states in part that "for legal purposes, classification shall be determined according to the terms of the headings and any relative section or chapter notes . . ."

Both styles of the “Barbie™ Pack Pals” are designed primarily for amusement purposes. Classifiction is based upon GRI I of the HTS. We note that the “clip-on” construction of the articles may, at first, resemble a “key ring” but upon close examination of the product, it is apparent that the items fail to meet the criteria of key rings due to their lack of a stable and secure clasp. The applicable subheading for the “Barbie™ Pack Pals” will be 9503.90.0045, Harmonized Tariff Schedule of the United States (HTS), which provides for other toys: other: other toys and models. 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 212-637-7028.

Sincerely,

Robert B. Swierupski
Director,

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