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NY J81607




March 5, 2003

CLA-2-95:RR:NC:SP:225 J81607

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 “Spy Motion Alarm” from China.

Dear Ms. Stuart:

In your letter dated February 25, 2003, on behalf of Wild Planet Toys, Inc., you requested a tariff classification ruling.

The submitted sample, Item #70041, “Spy Motion Alarm”, is a battery-powered toy motion alarm in the shape of a smoke detector that measures approximately ¾ inch in height and 2 inches in diameter. The item has an on/off switch on the side and a red LED indicator that lights up when the unit is working. When activated, the item emits an invisible beam that detects motion up to 20 feet away and produces beeping sounds when something crosses the beam’s path. The packaging indicates that the item allows the user to “guard against spies and intruders” by placing the item outside the bedroom door or on top of books and backpacks. The item is intended to provide amusement for a child six years of age and older engaging in role-play as a secret agent.

The applicable subheading for Item #70041, “Spy Motion Alarm”, 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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