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NY I85929




September 17, 2002

CLA-2-95:RR:NC:SP:225 I85929

CATEGORY: CLASSIFICATION

TARIFF NO.: 9503.90.0080

Mr. Michael Molek
Eveready Battery Company, Inc.
25225 Detroit Road
Westlake, OH 44001

RE: The tariff classification of a Monster Beam from China.

Dear Mr. Molek:

In your letter dated September 6, 2002, you requested a tariff classification ruling.

The submitted sample, a Monster Beam, consists of a plastic flashlight, made in China, that measures approximately 6-1/2 inches in length and 1-1/2 inches in diameter and is decorated by the head of the character “Sulley” from the movie “Monsters, Inc.” covering the lens and permanently attached to the handle. The light emitted from the flashlight only illuminates the plastic head and not the room. You indicate that the Monster Beam will also be imported in a second design, the character “Mike” from the same movie. The Monster Beam is powered by two “D” batteries, made in Indonesia, which will be imported packaged inside the device.

The applicable subheading for the Monster Beam 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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