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NY J84946




June 4, 2003

CLA-2-90:RR:NC:MM:114 J84946

CATEGORY: CLASSIFICATION

TARIFF NO.: 9005.10.0080; 8543.89.9695

Ms. Lorianne Aldinger
Import Manager
Rite Aid Corporation
P.O. Box 3165
Harrisburg, PA 17105

RE: The tariff classification of the Wintech Sonic Binoculars and Sonic Probe made in China

Dear Ms. Aldinger:

In your letter dated May 14, 2003, you requested a tariff classification ruling on the Wintech Sonic Binoculars and Sonic Probe made in China. Samples of the Sonic Binoculars and Sonic Probe were submitted with the ruling request.

The submitted samples of item number 932400 are identified as the Wintech Sonic Binoculars and Sonic Probe. The Sonic Binoculars are described as spy binoculars with a listening device. The plastic binoculars are battery operated and feature 4 power lenses, a reflector dish, earphones and a microphone. In operation, the user points the binoculars toward an object and it is claimed that the Sonic Binoculars will be able to view the object and hear the sounds from a great distance away. The Sonic Binoculars are packaged in a cardboard box ready for retail sale.

The Sonic Probe is described as an electronic long-range listening device. The Sonic Probe is battery operated and consists of a power unit, a reflector dish, earphones, and a microphone with cord. In operation, the user points the probe towards a sound source and it is claimed that the probe will be able to detect the sounds from a great distance away. The Sonic Probe is packaged in a cardboard box ready for retail sale

The applicable subheading for the Wintech Sonic Binoculars will be 9005.10.0080, Harmonized Tariff Schedule of the United States (HTS), which provides for binoculars, monoculars, other optical telescopes, and mountings therefor; binoculars; other. The rate of duty will be free.

The applicable subheading for the Wintech Sonic Probe will be 8543.89.9695, HTS, which provides for other electrical machines and apparatus, having individual functions, not specified or included elsewhere in Chapter 85, HTS. The rate of duty will be 2.6 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 classification of the Sonic Binoculars, contact National Import Specialist Barbara Kiefer at 646-733-3019. If you have any other questions regarding the classification of the Sonic Probe, contact National Import Specialist David Curran at 646-733-3017.

Sincerely,

Robert B. Swierupski
Director,

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