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NY L85701




July 14, 2005

CLA-2-85:RR:NC:N1:112 L85701

CATEGORY: CLASSIFICATION

TARIFF NO.: 8543.89.9695

Lorianne Aldinger
Import Manager,
RITE AID Corporation
P.O. Box 3165
Harrisburg, PA 17105-3165

RE: The tariff classification of a learning computer from China

Dear Ms. Aldinger:

In your letter dated June 9, 2005, you requested a tariff classification ruling.

The item concerned is the Notebook Computer Try Me (Item # 941054). It is a battery-operated, elementary computer made of multicolored hard plastic measuring 9” in width, 8” in length and 9” in height when opened. The keyboard has 27 buttons and there is a small lcd screen which serves as the computer display.

The purpose of this item is to teach the letters of the alphabet and recognition of various sounds.

The applicable subheading for the Notebook Computer Try Me (Item # 941054) will be 8543.89.9695, Harmonized Tariff Schedule of the United States (HTS), which provides for “Electrical ... apparatus, having individual functions, not specified or included elsewhere ... : Other ... apparatus: Other: Other: Other: Other: Other”.

Based on temporary import legislation, the Notebook Computer Try Me (Item # 941054) qualifies as an “educational device” classifiable in subheading 9902.85.43 of the HTS which provides for “Educational devices (provided for in subheading 8543.89.96)”. The rate of duty will be 1.67%.

Please supply both subheading numbers on all import documents for this item.

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 Richard Laman at 646-733-3017.

Sincerely,

Robert B. Swierupski
Director,

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