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NY I85361





August 27, 2002

CLA-2-95:RR:NC:SP:225 I85361

CATEGORY: CLASSIFICATION

TARIFF NO.: 9503.90.0080

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

RE: The tariff classification of Lights Off™ from China.

Dear Ms. Stuart:

In your letter dated August 8, 2002, on behalf of Wild Planet Toys Inc., you requested a tariff classification ruling.

The submitted sample, Item #92003, Lights Off,™ consists of a plastic toy remote control light switch that allows children aged 8 years and older to turn their room lights on/off by remote control. To operate, the provided light switch cover is taped over the room light switch (tape included), and activated by the accompanying wireless remote control from a limited distance not more than 20 feet away. The light switch cover requires three “AAA” batteries (not included), and the remote control requires one 9 volts battery (not included). Associated literature indicates that a child will be able to control room lights with a wave of the hand.

The applicable subheading for Item #92003, Lights Off,™ will be 9503.90.0080, 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: 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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