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NY K81938




December 17, 2003
CLA-2-90:RR:NC:MM:114 K81938

CATEGORY: CLASSIFICATION

TARIFF NO.: 9005.10.0080

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

RE: The tariff classification of pocket binoculars from China

Dear Ms. Aldinger:

In your letter dated December 9, 2003 you requested a tariff classification ruling on pocket binoculars.

The plastic binoculars, item number 934429, contain plastic lenses. The binoculars open by pressing a button located on the front of the binoculars and then close to pocket size. The item will be imported in four colors: blue, pink, yellow and green.

You indicate in your letter that you believe the intended use of the binoculars is for child’s play. Although they are small in size, the binoculars are fully functional. They are not intended for play (make believe activities) or to amuse.

The applicable subheading for the pocket binoculars will be 9005.10.0080, Harmonized Tariff Schedule of the United States (HTS), which provides for binoculars, 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 Barbara Kiefer at 646-733-3019.

Sincerely,

Robert B. Swierupski
Director,

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