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NY H87849




January 28, 2002

CLA-2-85:RR:NC:1:108 H87849

CATEGORY: CLASSIFICATION

TARIFF NO.: 8527.19.5035

Ms. Jenette Stuart
Kuehne & Nagel
150 West Hill Place
Brisbane, CA 94005-1216

RE: The tariff classification of the Aqua Radio from China.

Dear Ms. Stuart:

In your letter dated January 15, 2002, on behalf of your client Wild Planet Toys, Inc., you requested a tariff classification ruling.

The item in question is denoted as the Aqua radio. It is in fact a fully functional battery operated FM radio that is designed to be used as a radio while in water (swimming pool). When used in the water (swimming pool) it has the capability to float and it incorporates an above water speaker as well as an underwater speaker. It also incorporates four additional sound effects denoted as Marco Polo, submarine sonar, race start and dolphins for additional listening entertainment. It should be noted that this radio does not contain a clock.

The applicable subheading for the Aqua radio will be 8527.19.5035, Harmonized Tariff Schedule of the United States (HTS), which provides for Reception apparatus for radiotelephony, radiotelegraphy or radiobroadcasting, whether or not combined, in the same housing, with sound recording or reproducing apparatus or a clock: Radiobroadcast receivers capable of operating without an external source of power, including apparatus capable of receiving also radiotelephony or radiotelegraphy: Other: Other Other: FM only or AM/FM only. The rate of duty will be 3 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 Michael Contino at 646-733-3014.

Sincerely,

Robert B. Swierupski
Director,

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