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NY K86340




May 25, 2004
CLA-2-95:RR:NC:SP:225 K86340

CATEGORY: CLASSIFICATION

TARIFF NO.: 9503.80.0000

Ms. Linda D. Santos
Hasbro, Inc.
200 Narragansett Park Drive
P.O. Box 200
Pawtucket, RI 02862-0200

RE: The tariff classification of a “Color Video Now Player” and a “Video Now Disk Assortment” from China.

Dear Ms. Santos:

In your letter dated April 19, 2004, and received on May 19, 2004, you requested a tariff classification ruling.

You submitted the following samples:

Item number 72870, “Color Video Now Player”, is a hand-held limited use Personal Video Player with a 2” color screen display. It is imported with a specially designed 108mm disc that plays color video clips from popular children’s shows. The player is limited in its use to reading this specially designed disc. Other discs (MP3, CD, DVD) cannot be used in this toy player. Its limited use indicates that the item is a toy.

(No item number), “Video Now Disk Assortment”, are specially designed 108mm discs containing half-hour clips specifically designed to be played in the Video Now Player. The discs are larger than the size of MP3 discs and are smaller than the standard CD or DVD, and cannot be used with any other type of player.

Your samples are being returned via the express service for which you purchased a shipping label.

The applicable subheading for item number 72870, “Color Video Now Player”, and the “Video Now Disk Assortment”, will be 9503.80.0000, Harmonized Tariff Schedule of the United States (HTS), which provides for “Other toys and models, incorporating a motor, 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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