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NY J81613




March 5, 2003

CLA-2-95:RR:NC:SP:225 J81613

CATEGORY: CLASSIFICATION

TARIFF NO.: 9503.70.0000

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

RE: The tariff classification of an “Ultimate Spy Set” 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 #70047, “Ultimate Spy Set”, is a toy set that consists of a Spy Motion Alarm,™ Spy Camera,™ Spy Listener,™ and Spy Vision Goggles™ packaged together inside a window box that indicates use for ages 6 and up. The Spy Motion Alarm™ is a battery-powered toy motion alarm that is shaped like a smoke detector and measures approximately ¾ inch in height and 2 inches in diameter. The alarm has an on/off switch on the side and a red LED indicator that lights up when the unit is working. When activated, the alarm emits an invisible beam that detects motion up to 20 feet away and produces beeping sounds when something crosses the beam’s path. The Spy Camera™ is a mini camera that attaches to sunglasses and has a manual film advance, a flip-down viewfinder, and a hand-held shutter release that allows the user to take “real spy photos” while on a “spy mission.” The Spy Listener™ is a toy listening device that can be plugged into the ear or clipped onto a pocket, allowing the user to hear sounds up to 30 feet away. The battery-powered device measures approximately 3 inches in length x 2 inches in width with an attached sound dish. To operate, the user places the ear piece in the ear, turns the switch in back to the “on” position, and turns the sound dish outward to receive sounds. The Spy Vision Goggles™ are battery-powered plastic goggles that permit the user to see up to 25 feet in the dark. The item contains night vision lights, an adjustable hook and loop headband, and impact resistant glasses, allowing the user to “scope out secret night time activities.”

In the opinion of this office, all the packaged items are primarily designed for the activity of role-playing as a spy, and put up in a manner indicating their use as toys for the amusement of children.

The applicable subheading for Item #70047, “Ultimate Spy Set”, will be 9503.70.0000, Harmonized Tariff Schedule of the United States (HTS), which provides for “Other toys, put up in sets or outfits, and parts and accessories thereof.” 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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