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NY G86627




February 6, 2001

CLA-2-95:RR:NC:SP:225 G86627

CATEGORY: CLASSIFICATION

TARIFF NO.: 9503.90.0000

Mr. Michael E. Roll
Katten Muchin Zavis
525 West Monroe Street, Suite 1600
Chicago, IL 60661-3693

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

Dear Mr. Roll:

In your letter dated December 6, 2000, received in this office on January 25, 2001, you requested a tariff classification ruling on behalf of your client The Marketing Store Worldwide, LP.

A sample of the “Spy Motion Detector” was submitted for our review. The detector is composed of an electronic chip encased within an oval shaped plastic housing. The device has a swivel tube-like attachment that allows the item to fit onto the top of a pencil. It also has a plastic clip in the back, which allows the product to be attached to a book, bag, or other article. An on/off switch is located at the top. When the product is turned on and moved about, a motion-activated siren will sound alerting the child to movement of the device and/or to the article to which it is attached. The detector has no real functional use and is clearly designed for the amusement of children.

The applicable subheading for the “Spy Motion Detector” will be 9503.90.0000, Harmonized Tariff Schedule of the United States (HTS), which provides for other toys; reduced-size (“scale”) models and similar recreational models, working or not; puzzles of all kinds; parts and accessories thereof: 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 Alice J. Wong at 212-637-7028.

Sincerely,

Robert B. Swierupski
Director,

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