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June 17, 1999

CLA-2-90:RR:NC:MM:114 E82885

CATEGORY: CLASSIFICATION

TARIFF NO.: 9013.10.40

Mr. Rick Musser
Kuehne & Nagel, Inc.
San Francisco Branch
150 West Hill Place
Brisbane, CA 94005

RE: The tariff classification of periscope from China

Dear Mr. Musser:

In your letter dated May 27, 1999, on behalf of Wild Planet Toys, you requested a tariff classification ruling on a periscope from China. A sample of the periscope was submitted with the ruling request.

The submitted sample, identified as item number 10171, is a spy periscope with 4 power magnification. The periscope can be used to look over or around objects. The periscope features a double-convex lens system, adjustable focus and two-position handle that folds up for storage. The tube assembly extends to approximately 21 inches in length. The periscope is packed in a blister pack ready for retail sale.

The applicable subheading for the periscope will be 9013.10.40, Harmonized Tariff Schedule of the United States (HTS), which provides for periscopes; other. The rate of duty will be 5.3 per cent 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 Barbara Kiefer at 212-637-7058.

Sincerely,

Robert B. Swierupski
Director,

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