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NY G86625




February 6, 2001

CLA-2-95:RR:NC:SP:225 G86625

CATEGORY: CLASSIFICATION

TARIFF NO.: 9503.70.0000

Ms. Marisa Abraham
Kuehne & Nagel, Inc.
San Francisco Branch
150 West Hill Place
Brisbane, CA 94005-1216

RE: The tariff classification of a toy detective kit from China

Dear Ms. Abraham:

In your letter dated January 22, 2001 you requested a tariff classification ruling on behalf of Wild Planet Toys, Inc.

The submitted article is called an “XP-4 Spy Pen”. The product consists of a specially designed pen, snap-on flashlight feature, motion sensor alarm, telescope and magnifier lenses, a light tube, instructions and a fitted plastic case designed to hold all the components. The cap of the pen may be removed and replaced with the snap-on mini flashlight (measuring 1 ½” in length). Once the article is affixed to the pen, the light remains on until it is removed. There is no means of turning the light off while remaining attached to the pen. The motion sensor alarm also attaches to the top of the pen and is light sensitive. The sensor will detect a passerby, within close range, and sound an alarm. The magnification lenses are constructed to clip-on to the pen. Upon proper alignment of the lenses, the child can use the pen to view objects at a distance or magnify articles at close range. All the components are packaged on a blister card that indicates two “AAA” size batteries are required but not included.

This office finds that the components are primarily designed for the activity of playing detective. They are put up in a manner indicating their use as toys for the amusement of children.

The applicable subheading for the “XP-4 Spy Pen” 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 Alice J. Wong at 212-637-7028.

Sincerely,

Robert B. Swierupski
Director,

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