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NY G81268




September 25, 2000

CLA-2-90:RR:NC:MM:114 G81268

CATEGORY: CLASSIFICATION

TARIFF NO.: 9005.10.0080

Ms. Jenette Stuart
Kuehne & Nagel
San Francisco Branch
150 West Hill Place
Brisbane, California 94005-1216

RE: The tariff classification of binocular with rear-view mirror from China

Dear Ms. Stuart:

In your letter dated August 17, 2000, on behalf of Wild Planet Toys, Inc., you requested a tariff classification ruling on a binocular with rear-view mirror from China. A sample of the Wild Planet Spy Binocs was submitted with your request for a ruling.

The submitted Wild Planet Spy Binocs, identified as item number 70031, is a plastic binocular that has three power magnification to see far away and a rear-view mirror to see behind you. The Spy Binocs also features a red LED light to see in the dark, slide lens cover to protect the lenses, eyepiece and belt clip. The red LED light snaps onto the binocular or can be removed and worn as a finger light. The light contains a lever, which can be pressed down to turn the light on and pressed up to turn the light off. The Spy Binocs requires two 1.5V SR41 button cell batteries to power the light. The batteries are included.

The instruction sheet included with the item explains how to use the Spy Binocs. From the closed position, press the release button down once for forward viewing. The lens cover slides one stop to the right and the viewer can look through the eyepiece. Press the release button down a second time for rearward viewing. The lens cover slides one more stop to the right and the viewer can look through the eyepiece into a rear-view mirror. The binocular is packed in a cardboard box for retail sale.

The applicable subheading for the Wild Planet Spy Binocs will be 9005.10.0080, Harmonized Tariff Schedule of the United States (HTS), which provides for binoculars; other. 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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