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NY F87419




June 6, 2000

CLA-2-90:RR:NC:MM:114 F87419

CATEGORY: CLASSIFICATION

TARIFF NO.: 9005.80.4040; 9005.10.00.0080; 9503.90.0045

Mr. Mauricio Hodgson
Auditrade, Inc.
US Customs Brokers & Consultants
5448 Hoffner Avenue, Suite 403
Orlando, Florida 32812

RE: The tariff classification of telescopes, binocular and metal detector made in China

Dear Mr. Hodgson:

In your letter dated May 2, 2000, on behalf of Action Products International, Inc., you requested a tariff classification ruling on telescopes, binocular and metal detector made in China. Samples of the telescopes, binocular and metal detector were submitted with the ruling request.

The submitted item number 12511 is identified as an Enviroscope, item number 12514 is identified as a Night Tracker Scope, item number 12510 is identified as Wayfinder Binoculars and item number 12513 is identified as a Treasure Tracker. Each item is packaged in a window display cardboard box for retail sale.

The Enviroscope is a telescope with a 20mm x 40mm lens. Pushing and pulling on the eyepiece until the image is clear focuses the telescope. The telescope measures approximately 8 inches in length and telescopes to approximately 14 inches in length. The Enviroscope has a cushioned eyepiece and flex-grip handle.

The Night Tracker Scope is a telescope with a 20mm x 40mm lens. Pushing and pulling on the eyepiece until the image is clear focuses the telescope. The telescope measures approximately 8 inches in length and telescopes to approximately 14 inches in length. The Night Tracker Scope has a night view light beam and cushioned eyepiece.

The Wayfinder Binoculars has 4.5mm x 40mm lenses and a small compass for directional guidance. The compass is located on the top of the binocular between the focus tubes. The binocular features cushioned eyepieces, easy focussing and eye adjustment, and a textile neck cord.

The Treasure Tracker is a metal detector with a pivoting detection unit. The Treasure Tracker features an acrylonitrile butadiene styrene (ABS) body, shaft that adjusts from 25 inches to 36 inches, and adjustable sensitivity and volume. The Treasure Tracker requires one 9 volt battery to operate. The battery is not included.

The applicable subheading for the Enviroscope will be 9005.80.4040, Harmonized Tariff Schedule of the United States (HTS), which provides for other instruments; optical telescopes; other. The rate of duty will be 8 percent ad valorem.

The applicable subheading for the Night Tracker Scope will be 9005.80.4040, Harmonized Tariff Schedule of the United States (HTS), which provides for other instruments; optical telescopes; other. The rate of duty will be 8 percent ad valorem.

The applicable subheading for the Wayfinder Binoculars will be 9005.10.0080, Harmonized Tariff Schedule of the United States (HTS) which provides for binoculars, monoculars, other optical telescopes, and mountings therefor; binoculars; other. The rate of duty will be free.

The applicable subheading for the Treasure Tracker will be 9503.90.0045, Harmonized Tariff Schedule of the United States (HTS), which provides for other toys; reduced size (“scale”) models and similar recreational models, working or not; 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 Barbara Kiefer at 212-637-7058.

Sincerely,

Robert B. Swierupski
Director,

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