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NY G81263




September 22, 2000

CLA-2-95:RR:NC:SP:225 G81263

CATEGORY: CLASSIFICATION

TARIFF NO.: 9503.90.0045

Ms. Jenette Stuart
Kuehne & Nagel, Inc.
150 West Hill Place
Brisbane, CA 94005-1216

RE: The tariff classification of a toy spy device from China

Dear Ms. Stuart:

In your letter dated August 17, 2000, received in this office on August 30, 2000, you requested a tariff classification ruling on behalf of your client Wild Planet Toys, Inc.

A sample of the “Spy Notebook” was submitted to this office for review. The article is designed for use by children in pretending to be an undercover agent. The “notebook” is a handheld, battery operated, plastic gadget that opens via a combination lock device. Once inside, the item reveals a tiny notepad of 50 sheets (1 ½” X 2”) and a miniature light incorporated within the flip up lid. A secret compartment is located on either side of the item which holds a tiny pencil and fake implements that have been hollowed out to accommodate secret messages. Included in these, are an imitation pencil sharpener, eraser, and simulated coins. The child can write a secret note, place it inside one of the “coins” or “eraser” and pass it, undetected, to a friend. The set is imported in a window box that indicates use for ages 6 and up.

Based upon the design, construction and marketing of the “Spy Notebook” it is apparent that the item is a toy designed purely for amusement purposes.

The applicable subheading for the “Spy Notebook” 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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