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NY G83542




November 13, 2000

CLA-2-90:RR:NC:MM:114 G83542

CATEGORY: CLASSIFICATION

TARIFF NO.: 8513.10.2000; 9005.10.0080; 9005.80.4040; 9011.80.0000; 9014.10.9000; 9503.70.0000; 9503.90.0045

Ms. Andrea Pietri
Savant Customs Brokers & Freight Forwarders, Inc. 11 Broadway
Suite 1068
New York, NY 10004

RE: The tariff classification of binoculars, telescopes, portable scopes with focused light lamps (lightscopes), compasses, flashlights, toy microscope and toy walkie talkies from China

Dear Ms. Pietri:

In your undated letter received by this office on October 20, 2000, on behalf of Sakar International Inc., you requested a tariff classification ruling. Samples of the binoculars, telescopes, portable scopes with focused light lamps (lightscopes), compasses, flashlights, toy microscope and toy walkie talkies were submitted with the ruling request.

The submitted item number 33428 is identified as Explore the Planet. The submitted sample consists of a 4 x 30 compact plastic binocular, directional compass with foldable compact casing, toy walkie talkies that send and receive Morse Code that use one 9 volt battery each (not included), and flashlight that uses two C batteries (not included) and illuminates ten feet. The items are packaged together in a window display cardboard box ready for retail sale. Explore the Planet, item number 33428, is imported from China. For tariff classification purposes the items are not considered to be a set and will be classified accordingly.

The submitted item number 25008 is identified as Explore the Planet. The submitted sample consists of a 4 x 30 compact plastic binocular, directional compass with foldable compact casing, and portable scope with focused light lamp identified as a lightscope. The lightscope has 30 power magnification, includes a belt clip and uses one AA battery to operate (not included). The items are packaged together in a window display cardboard box ready for retail sale. Explore the Planet, item number 25008, is imported from China. For tariff classification purposes the items are not considered to be a set and will be classified accordingly.

The submitted item number 15451 is identified as Explore the Planet. The submitted sample consists of a 12 power magnification plastic telescope, directional compass with foldable compact casing, flashlight that uses two AA batteries (not included), and toy microscope with stage mirror, specimen vial, blank slide and dropper. The items are packaged in a blister display pack with a cardboard insert ready for retail sale. Explore the Planet, item number 15451, is imported from China. For tariff classification purposes the items are not considered to be a set and will be classified accordingly.

The submitted item number 20108 is identified as Explore the Planet. The submitted sample consists of a 12 power magnification plastic telescope and portable scope with focused light lamp identified as a lightscope. The lightscope has 30 power magnification, includes a belt clip and uses one AA battery to operate (not included). The items are packaged together in a window display cardboard box ready for retail sale. Explore the Planet, item number 20108, is imported from China. For tariff classification purposes the items are not considered to be a set and will be classified accordingly

Explore the Planet item numbers 33428, 25008, 15451 and 20108 are each a single retail package containing items that are classifiable under two or more separate headings or subheadings of the tariff. GRI 3 applies when goods are put up for sale collectively and are classifiable under two or more headings of the tariff. GRI 3(b) covers goods put up in sets for retail sale. Explanatory Note X to GRI 3(b) defines “goods put up in sets for retail sale”. Such goods: (a) consist of at least two different articles that are classifiable in different headings, (b) consist of products put up together to meet a particular need or carry out a specific activity, and (c) are put up in a manner suitable for sale directly to users without repacking. The items packaged together in each window display cardboard box or blister display pack ready for retail sale fail, in our opinion, to constitute a set for tariff classification purposes. They meet the criteria of elements (a) and (c) above. Each retail package submitted with the ruling does not consist of products put up together to meet a particular need or carry out a common specific activity. Having failed as a set in accordance with GRI 3(b), the items in each retail package must be classified separately.

The applicable subheading for the 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 telescopes 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 portable scope with focused light lamp identified as a lightscope will be 9011.80.0000, Harmonized Tariff Schedule of the United States (HTS), which provides for other compound optical microscopes. The rate of duty will be 6.4 percent ad valorem. The applicable subheading for the compasses will be 9014.10.9000, Harmonized Tariff Schedule of the United States (HTS), which provides for direction finding compasses which are not optical, gyroscopic, or electrical. The general rate of duty will be 2.9 percent ad valorem.

The applicable subheading for the flashlights will be 8513.10.2000, Harmonized Tariff Schedule of the United States (HTS), which provides for portable electric lamps designed to function by their own source of energy (for example, dry batteries, storage batteries, magnetos), other than lighting equipment of heading 8512; lamps; flashlights. The rate of duty will be 12.5 percent ad valorem.

The applicable subheading for the toy microscope with stage mirror, specimen vial, blank slide and dropper 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.

The applicable subheading for the toy walkie talkies will be 9503.70.0000, Harmonized Tariff Schedule of the United States (HTS), which provides for other toys, put up in sets or outfits, and parts and accessories thereof. 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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