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NY I85737




September 6, 2002

CLA-2-95:RR:NC:SP:225 I85737

CATEGORY: CLASSIFICATION

TARIFF NO.: 8506.10.0000; 9503.90.0080

Mr. Ralph Saunders
Deringer Logistics Consulting Group
1 Lincoln Blvd., Suite 225
Rouses Point, NY 12979

RE: The tariff classification of Astrojax and separately packaged batteries from China.

Dear Mr. Saunders:

In your letter dated August 20, 2002, on behalf of your client, Active People, Inc., you requested a tariff classification ruling.

The submitted sample, Astrojax, is a swinging ball toy that consists of three clear plastic balls that measure approximately 1 inch in diameter and are linked together by yellow cord. Each ball contains a button that, when pressed, activates 2 LED lights inside the ball. The button can be set for continuous light or flashing lights (“disco mode”). By gripping a lit ball in one hand and swinging the other lit balls, the user can create various amusing light patterns and designs in the dark. An AJ-DOS (an Astrojax docking station) made of plastic that measures approximately 1/16 of an inch in height x 2-1/4 inches in width x 3-1/2 inches in length is included for transporting the plastic balls. You have also included an “energy pack” of six 1.5 volt batteries, which you state in your letter are alkaline batteries. The batteries are packaged separately on their own hanging blister card and will be classified separately in their own respective tariff heading.

The applicable subheading for the energy pack of six 1.5 volt batteries will be 8506.10.0000, Harmonized Tariff Schedule of the United States (HTS), which provides for “Primary cells and primary batteries; parts thereof: Manganese dioxide.” The rate of duty will be 2.7 percent ad valorem.

The applicable subheading for the Astrojax 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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