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NY L83844




April 22, 2005

CLA-2-95:RR:NC:SP:225 L83844

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 Night Patrol Listener from China.

Dear Ms. Schmerl:

In your letter dated March 22, 2005, you requested a tariff classification ruling.

You submitted a sample of a Spy Night Patrol Listener identified as item number 70101. The item is a toy “spy” device that is comprised of night vision goggles and a listening device attached to a head strap. The front goggles are tinted yellow and have dual LED beams above the lenses. Along the right side of the head strap are a miniature microphone, a tiny ear bud listening device, and a battery pack. The battery pack requires four “AAA” batteries, which are not included. When wearing the spy gear, a child six years of age and older will be able to see and hear in the dark while role-playing as a “spy” on secret missions.

The applicable subheading for the Spy Night Patrol Listener identified as item number 70101 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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