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NY L85708




July 14, 2005

CLA-2-85:RR:NC:N1:112 L85708

CATEGORY: CLASSIFICATION

TARIFF NO.: 8543.89.9695; 9902.85.43

Ms. Lorianne Aldinger
Rite Aid Corporation
PO Box 3165
Harrisburg, PA 17105

RE: The Tariff Classification of an “Etch a Sketch Wired” from China.

Dear Ms. Aldinger:

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

The “Etch a Sketch Wired”, sample submitted, is a hand held controller with audio/video jacks. The item plugs directly into the TV and like the original Etch a Sketch, the user can create one-of-a-kind drawings using the knobs of the Etch A Sketch Wired controller. Etch A Sketch Wired also features sound effects, shape templates and four play modes including: Super Sketch, Connect the Dots, Trace A Pic and Cool Drawing Tools.

The applicable subheading for the “Etch a Sketch Wired” will be 8543.89.9695, Harmonized Tariff Schedule of the United States (HTS), which provides for other electrical machines and apparatus, , not specified or included elsewhere in Chapter 85, HTS. Temporary legislation provides for additional classification of this item in 9902.85.43, Harmonized Tariff Schedule of the United States (HTS). The rate of duty will be 1.67 percent ad valorem.

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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