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NY J81606




March 11, 2003

CLA-2-95:RR:NC:SP:225 J81606

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 a NightSpyer™ from China.

Dear Ms. Stuart:

In your letter dated February 25, 2003, you requested a tariff classification ruling.

The sample submitted, Item #70056, NightSpyer,™ consists of a 2-1/2 inch toy mini scope with a binocular-like front that contains a fixed lens and a green light. The fixed lens allows the user to see up to 25 feet, and the green light (activated by pressing a green button) emits a focused green beam of light for night viewing. The item is designed to provide frivolous amusement for a child five years of age and older as they try to “catch a spy in the act” or “scope out night time activities.”

The applicable subheading for the Item #70056, NightSpyer,™ 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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