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NY J85626




June 13, 2003

CLA-2-95:RR:NC:SP:225 J85626

CATEGORY: CLASSIFICATION

TARIFF NO.: 9503.70.0000; 9503.90.0080

Ms. Amy Schmerl
Wild Planet Toys, Inc.
98 Battery Street, Suite 300
San Francisco, CA 94111

RE: The tariff classification of toys from China.

Dear Ms. Schmerl:

In your letter dated June 5, 2003, you requested a tariff classification ruling.

You submitted the following samples:

Item #70059, Micro Spy Kit,™ is a toy set designed for children six years and up that is packaged in a window display box and contains 1 Nightspyer,™ 1 Spy Belt,™ 1 Voice Scrambler,™ 1 Spy Micro Listener,™ and 1 Spy Motion Detector.™ The Nightspyer™ consists of a 2-1/2” toy mini scope with a binocular-like front that contains a fixed lens and a red light. The fixed lens allows the user to see up to 25 feet, and the red light (activated by pressing a red button) emits a focused red beam of light for night viewing. The item is designed to provide frivolous amusement for a child five years of age and older as they try to “catch a spy in the act” or “scope out night time activities.” The Voice Scrambler™ is a 3” toy device that allows the user to record a message and then, when playing the message back, slide a “twist” button back and forth to disguise the voice. Spy Micro Listener™ is a 3-1/2” toy listening device with an attached sound dish that can be plugged into the ear or clipped onto a pocket, allowing the user to hear sounds up to 30 feet away. To operate, the user places the earpiece in the ear, turns the switch in back to the “on” position, and turns the sound dish outward to receive sounds. The Spy Motion Detector™ is a 2-1/2” toy motion alarm that is shaped like a smoke detector 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 Belt™ is a black adjustable utility belt with a buckle clip that is designed to hold the mini toys included in this set. The belt can be worn around the waist or across the shoulder.

Item #11311 Wrist Talkies,™ consists of a pair of toy walkie talkies that are attached to the wrist with an adjustable wrist strap allowing for “hands free” communication up to 200 feet. Each walkie talkie has a speaker, microphone, battery compartment, round flip-up antennae, and requires two 9 volt batteries (not included) to operate.

Item #11317, Trek Pak,™ is a toy set that consists of a utility belt with an adjustable strap, buckle, and pouches for five exploration tools (plastic magnifying glass, compass, 3-1/2” plastic tweezers, 5-1/2” net with plastic handle, and plastic specimen collection canister). The belt also has an attached foldout wallet that contains several suggested activity cards and is secured with a hook and loop fastener. The items all work together for a child four years of age and up role-playing as an explorer.

Item #70057, Spy Vision Goggles,™ are battery-powered plastic toy wraparound green goggles that allow the user to see up to 25 feet in the dark. The item contains an impact resistant lens with night vision lights that flip-out from the side, and an adjustable hook and loop headband. The item requires 4 “AAA” batteries (not included) and is designed for a child 6 years of age and up to “scope out secret night time activities.”

Item #11316, Pathfinder Tool,™ consists of a 6-in-1 plastic toy “explorer’s” tool that clips to a child’s belt and is comprised of a flashlight (touch of a button activates a tiny beam of blue light), compass, flip-up magnifying lens, plastic tweezers, flip-up scope (for distance viewing), and a clip for attaching to a belt. The item is a toy intended for a child 4 years of age and up for “outdoor adventures.”

The applicable subheading for Item #70059, Micro Spy Kit,™ Item #11311 Wrist Talkies,™ and Item #11317, Trek Pak,™ 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.

The applicable subheading for Item #70057, Spy Vision Goggles,™ and Item #11316, Pathfinder Tool,™ will be 9503.90.0080, 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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