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NY J88539




September 23, 2003

CLA-2-90:RR:NC:MM:114 J88539

CATEGORY: CLASSIFICATION

TARIFF NO.: 9008.30

Mr. Joseph R. Hoffacker
Barthco Trade Consultants, Inc.
7575 Holstein Avenue
Philadelphia, PA 19153

RE: The tariff classification of Star Bright Light Show made in China

Dear Mr. Hoffacker:

In your letter dated August 26, 2003, on behalf of K.B. Toys of Massachusetts, Inc., you requested a tariff classification ruling on the Star Bright Light Show made in China. A sample of the Star Bright Light Show was submitted with the ruling request.

The submitted item number 2008 is identified as Tomy’s Star Bright Light Show. The sample provided is a projector that is housed in a yellow and blue plastic case that measures approximately 5½ inches in length by 2¼ inches in width by 5½ inches in height. This portable light show is designed to entertain and comfort babies. The item projects images of Bugbear and his friends in any room, and a crib attachment is included. The light emitting diode (LED) projection technology in Star Bright Light Show does not use lightbulbs. The Star Bright Light Show features a button to turn the projector on and off, a melody selection button, and an auto shut-off timer to choose 5 minutes, 10 minutes, or no music. The item has three lullabies including Brahms’ Lullaby, Beautiful Dreamer and Piano Sonata in A Major. The Star Bright Light Show requires four AA batteries to operate. The batteries are not included. Tomy’s Star Bright Light Show is packed in a window display cardboard box ready for retail sale.

Your sample is being returned as requested.

The applicable subheading for the Star Bright Light Show will be 9008.30.0000, Harmonized Tariff Schedule of the United States (HTS), which provides for image projectors, other than cinematographic; other image projectors. The rate of duty will be 4.6 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 ruling, contact National Import Specialist Barbara Kiefer at 646-733-3019.

Sincerely,

Robert B. Swierupski
Director,

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