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NY J81981




March 17, 2003

CLA-2-95:RR:NC:SP:225 J81981

CATEGORY: CLASSIFICATION

TARIFF NO.: 9503.50.0000

Mr. Bill Sullivan
Exel Global Logistics Inc.
230-39 Int’l Airport Center Blvd.
Jamaica, NY 11413

RE: The tariff classification of a “Handband” from China.

Dear Mr. Sullivan:

In your letter dated March 10, 2003, on behalf of your client, K Group/KGI Products, you requested a tariff classification ruling.

The submitted photographs and sample, identified as a “HandBand", is an interactive glove, with wires connected to the fingertips, that uses sensor technology to put the sounds of three musical instruments at the tip of a child’s fingers. The HandBand produces virtual musical notes, 10 per instrument, in real time to play three musical instruments - electric guitar, electric keyboard and electric drums. To play HandBand, the child selects the instrument they want to play from an instrument mode selector housed on a belt console and uses a second mode selector to toggle between two different play modes. Once the play modes have been selected, the user moves his/her fingers to mimic the motions of playing the actual instrument. The child can solo by choosing instrument play alone or join a virtual band by selecting instrument play with background beats and rhythms. The product will be imported as a complete single item and be available in a right or left handed model.

The HandBand is not considered an apparel accessory or an item designed for use in sports and therefore not classifiable as a glove. Instead, the product is considered a toy musical instrument designed to provide frivolous amusement for a child.

The applicable subheading for the “Handband” will be 9503.50.0000, 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: Toy musical instruments and apparatus 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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