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NY G81887




September 28, 2000

CLA-2-95:RR:NC:2:224 G81887

CATEGORY: CLASSIFICATION

TARIFF NO.: 9504.90.4000

Denise L. Tucker
Lazer Transportation Services
27050 Wick Road
Taylor MI 48180

RE: The tariff classification of the Cybiko™ Wireless Entertainment System made in China.

Dear Ms. Tucker:

In your letter dated September 7, 2000, you requested a tariff classification ruling on behalf of Cybiko Inc.

The subject product is described as a multi-functional communications computer and entertainment system that plays electronic games, links users within a prescribed range for internet style chat, and serves as a personal organizer with calendar, alarm clock, calculator, and address book functions. The hand held device operates with a black and white LCD screen and a small keyboard.

For tariff purposes, the article is a composite good, incorporating the functions of an organizer, a RF Communicator and a game device, with no function imparting the essential character to the device. Accordingly, the article is classified based on the function that is described last in the tariff system.

The applicable subheading for the Cybiko™ Wireless Entertainment System will be 9504.90.4000, Harmonized Tariff Schedule of the United States (HTSUS), the provision for articles for arcade, table or parlor games***other: game machines, other than coin- or token-operated; parts and accessories thereof. The rate of duty will be free.

This ruling is being issued under the provisions of Section 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 Tom McKenna at 212.637.7015.

Sincerely,

Robert B. Swierupski
Director,
National Commodity

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