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NY I81895




May 31, 2002

CLA-2-95:RR:NC:SP:225 I81895

CATEGORY: CLASSIFICATION

TARIFF NO.: 9102.12.4000; 9102.12.8000; 9503.90.8000

Mr. Michael E. Roll
KMZ Rosenman
2029 Centruy Park East, Suite 2600
Los Angeles, CA 90067-3012

RE: The tariff classification of a Toy Watch/Compass, Toy Sunglasses, Flip-Open Notepad, and Spy Badge from China.

Dear Mr. Roll:

In your letter dated May 15, 2002, on behalf of The Marketing Store Worldwide L.P. (“TMSW”), you requested a tariff classification ruling.

You indicate in your letter that these items will be imported separately and distributed at restaurants during different weeks with meals marketed to children. The intent is for children to return to the restaurant to collect all the items and assemble the items together to make a new and different toy creature. The following samples were submitted:

Toy Watch/Compass consists of a functional digital watch and compass atop a plastic toy “body” with four insect like legs. The item can be worn as a watch by bending these legs around the wrist of the wearer, or incorporated together with the other items into the “finished” toy creature.

Toy Sunglasses are fake plastic sunglasses in two pieces with jointed legs (like the watch) instead of side pieces that prevent the item from being worn as sunglasses. Instead, the item is intended to be incorporated together with the other items to form the finished toy creature’s hind legs.

Flip-Open Notepad is a palm-sized flip-open notepad designed to resemble a handheld computer or a radio communicator. The note pad contains a small pad of paper and pencil, and has an open compartment for insertion of the Toy Sunglasses described above. There are also small plastic studs that allows the notepad to be attached to the other items to form the finished toy creature.

Spy Badge is a plastic toy ID badge that contains a spring mechanism that shoots cardboard discs from a slot in the bottom of the unit. In assembling the finished toy creature, the Spy Badge secures the sunglass legs inside the notepad and provides attaching points for the watch body and its legs.

The applicable subheading for the watch strap of the Toy Watch/Compass will be 9102.12.4000, Harmonized Tariff Schedule of the United States (HTS), which provides for Wrist watches...with opto-electronic display only: straps, bands or bracelets...other. The rate of duty will be free.

The applicable subheading for the watch of the Toy Watch/Compass will be 9102.12.8000, HTS, which provides for Wrist watches, pocket watches and other watches...wrist watches, electrically operated...with opto-electronic display only: other. The rate of duty will be free.

The applicable subheading for the Toy Sunglasses, Flip-Open Notepad, and the Spy Badge will be 9503.90.0080, 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: 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 Wong at 646-733-3026.

Sincerely,

Robert B. Swierupski
Director,

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