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NY R00254




April 20, 2004
CLA-2-95:RR:NC:SP:225 R00254

CATEGORY: CLASSIFICATION

TARIFF NO.: 9503.90.0080

Ms. Nikola Thomas
Walmart Stores, Inc.
601 N. Walton, Mail Stop L-32
Bentonville, AR 72716-0410

RE: The tariff classification of “Flashtags” from an unknown country.

Dear Ms. Thomas:

In your letter undated and received on 4/13/04, you requested a tariff classification ruling.

You submitted photographs of “Flashtags” identified as product number 19050. The “Flashtags” resemble dog tags and contain electronics, including a circuit board, a non-replaceable battery, and LED lights. Each “Flashtag” has 6 printed options/answers on the front of it that are connected to one of the following activities: Truth or Dare, Love Meter, Crystal Ball, and Ask A Question. When a button is pressed on the front of the “Flashtag”, a chip will randomly select one of the options/answers. For example, when the activity Love Meter is selected, the chip will randomly choose from among loser, cute, dude, fine, hunk and stud. Amusement is derived when a person pushes the button on the Love Meter on the “Flashtag” and sees what option (i.e., “loser”) is flashing. The “Flashtags” can be attached around the neck via a metal ball chain or on a backpack via a backpack clip.

The applicable subheading for the “Flashtags” will be 9503.90.0080, Harmonized Tariff Schedule of the United States (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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