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NY L85694




June 30, 2005

CLA-2-85:RR:NC:1:108 L85694

CATEGORY: CLASSIFICATION

TARIFF NO.: 8513.10.2000; 9503.70.0000; 9504.90.4000

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

RE: The tariff classification of a flashlight with novelty lighting feature, a toy set, and an electric game from China.

Dear Ms. Schmerl:

In your letter dated June 6, 2005 you requested a tariff classification ruling.

The subject merchandise, based on the submitted information, consists of the following:
a battery-operated flashlight with novelty lighting feature, which is referred to as the “Spy Nightwriter™” (item number 70109), that measures approximately 7 inches long and features an on/off switch to activate a super-bright beam of light. It also incorporates various buttons with an illuminated display screen on one side and an LED-messenger screen on the other side, all designed for imputing and creating messages for floating in the air when the lamp is waved.
a battery-operated toy set, known as the Lazer Tripwire™(item number 70106), that is designed to simulate a high-tech security system by setting up an invisible protective perimeter around valuables. This system consists of three laser units with each featuring a light-beam transmitter, a light-beam receiver, an alarm speaker, a power button, a sensitivity switch, a red LED indicator and spring clamps. There is also a spray mister that is used to locate the infrared light beams.
a battery-operated game, known as the Tek Stix™ (item number 30001), that features two batons with each having two inflatable endpieces, two handles protected by inflatable knuckle pads, a centerpiece with an oval-shaped target cover, an on/off switch, a reset switch, and a speaker for emitting beeping sounds. The object of the game is to strike the opponent’s target zone a specific number of times to win.

You indicate that all of these articles are toys. However, the Spy Nightwriter™ is not a toy since it is designed to operate as a functional flashlight with the ability to wave a message, which is not considered to be a play activity. Further, the Tek Stix is also not considered to be a toy since this article is more specifically provided for as a game.

The applicable subheading for the flashlight with the novelty lighting feature, referred to as the “Spy Nightwriter™,” will be 8513.10.2000, Harmonized Tariff Schedule of the United States (HTS), which provides for Portable electric lamps designed to function by their own source of energyLamps: Flashlights. The rate of duty will be 12.5 percent ad valorem.

The applicable subheading for the Lazer Tripwire™ will be 9503.70.0000, Harmonized Tariff Schedule of the United States (HTS), which provides for Other toys, put up in sets or outfits, and parts and accessories thereof. The rate of duty will be free.

The applicable subheading for the Tek Stix™ will be 9504.90.4000, HTS, which provides for Articles for arcade, table or parlor gamesparts and accessories thereof: Other: Game machines, other than those operated by coins, banknotes (paper currency), discs or similar articles; 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 Michael Contino at 646-733-3014.

Sincerely,

Robert B. Swierupski
Director,

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