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NY L81557




December 29, 2004

CLA-2-95:RR:NC:SP:225 L81557

CATEGORY: CLASSIFICATION

TARIFF NO.: 9503.90.0080

Ms. Amy Schmerl
Wild Planet Toys, Inc.
225 Bush Street, Suite 1300
San Francisco, CA 94104

RE: The tariff classification of a Spy Voice Trap from China.

Dear Ms. Schmerl:

In your letter dated December 17, 2004, you requested a tariff classification ruling.

You submitted a sample of a Spy Voice Trap identified as item number 70102. The item is a plastic toy recordable motion alarm that measures approximately 2-1/4” in height x 1-3/4” in diameter x 4-1/4” in length. The device has playback and record buttons on top, and a built-in sensor, microphone and speaker. To operate, a message or sound is recorded and the device hidden. Whenever a person passes the device, the sensor is activated and the pre-recorded message or sound plays. The item is powered by three “AAA” batteries (not included), and is designed to provide frivolous amusement for a child six years of age and older.

The applicable subheading for the Spy Voice Trap identified as item number 70102 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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