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NY J81610




March 28, 2003

CLA-2-85:RR:NC:1:112 J81610

CATEGORY: CLASSIFICATION

TARIFF NO.: 8531.80.0050

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

RE: The tariff classification of a metal detector 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.

As indicated by the submitted sample, the metal detector, identified as item 10167, is a hand-held battery operated device that detects metal objects. Once such objects are found, the detector emits a beeping sound and displays a lighted LED.

You state that Wold Planet Toys, Inc. believes that the correct classification is under subheading 9503.90.0080, HTS, which provides for other toys: Other. The metal detector is a totally functioning item and is used for that purpose. It is not designed to amuse, but, rather, to detect metal. Accordingly, subheading 9503.90.0080, HTS, is inapplicable.

The applicable subheading for the metal detector, item 10167, will be 8531.80.0050, Harmonized Tariff Schedule of the United States (HTS), which provides for other electric sound or visual signaling apparatus. The rate of duty will be 1.3 percent ad valorem.

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 David Curran at 646-733-3017.

Sincerely,

Robert B. Swierupski
Director,

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