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NY H86873




January 25, 2002

CLA-2-85:RR:NC:MM:109 H86873

CATEGORY: CLASSIFICATION

TARIFF NO.: 8504.40.8500; 7117.90.9000

Mr. Richard A. Spindler
President
Spin Marketing Group, Inc.
4 Floyd Wycoff Road
Morganville, NJ 07751

RE: The tariff classification of a Moshi Power Phone Rescue Pack Cell Phone Charger and Acrylic Pendant Necklaces from China

Dear Mr. Spindler:

In your letter dated December 21, 2001, you requested a tariff classification ruling.

The merchandise is described in your letter as the Moshi Power Phone Rescue Pack and is a cell phone charger that operates off of 3 AAA alkaline batteries. It allows instant mobile charging. It operates by inserting the Moshi Power connector into the mobile phone’s connecting port with the right side facing upwards. The talk time is between 30-50 minutes depending on the condition of the mobile phone and its battery pack. The Moshi Power has a powerful built-in torch light for convenience and emergencies. A sample of this merchandise was submitted to this office and is being returned.

Also included, as part of this ruling package, were two acrylic pendant necklaces that illuminate via LED by connecting the magnetic receptors. One of the necklaces has an acrylic pendant with the initials CK on it. The other necklace has a five-pointed star with the name “TRACY BYRO” written across it. The necklaces with the plastic pendants are considered costume jewelry. The two samples of these necklaces were submitted and are being returned.

The applicable subheading for the Moshi Power Phone Rescue Pack Cell Phone Charger whether imported with or without 3 AAA alkaline batteries will be 8504.40.8500, Harmonized Tariff Schedule of the United States (HTS), which provides for “Electrical transformers, static convertersand inductorsStatic converters: For telecommunication apparatus.” The rate of duty will be free.

The applicable subheading for the necklaces with the plastic pendants will be 7117.90.9000, Harmonized Tariff Schedule of the United States (HTS), which provides for “Imitation jewelry: Other.” The rate of duty will be 11 percent ad valorem.

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 Linda M. Hackett at 646-733-3015.

Sincerely,

Robert B. Swierupski
Director,

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