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NY L83933




April 20, 2005

CLA-2-95:RR:NC:SP:225 L83933

CATEGORY: CLASSIFICATION

TARIFF NO.: 9503.90.0080

Ms. Jennifer L. Cirrone
Staples, The Office Superstore, LLC
500 Staples Drive, 3rd Floor East
Framingham, MA 01702

RE: The tariff classification of a “Staples Easy Button” from China.

Dear Ms. Cirrone:

In your letter dated March 31, 2005, you requested a tariff classification ruling.

You submitted a sample and literature regarding a “Staples Easy Button” identified as item number 12438-US. The item is a red and silver circular plastic device that measures approximately 1-1/2” in height and 3-1/2” in diameter, and is intended for use as a novelty desk accessory. The item has the word “easy” printed in 3/4” white letters across the top. When the word “easy” is pressed down, a pre-recorded voice announces, “That was easy.” The accompanying literature suggests that when one is stressed out, one should press the button, which will provide stress relief in an amusing fashion. The item will be imported on a hanging blister card, and is powered by two “AAA” batteries, which are included.

Your sample is being returned as requested.

The applicable subheading for the “Staples Easy Button” identified as item number 12438-US 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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