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NY L89273




January 3, 2006

CLA-2-85: RR: NC: 1:108 L89273

CATEGORY: CLASSIFICATION

TARIFF NO.: 8520.90.0080

Ms. Stephanie De Silva
Avon
1251 Avenue of the Americas
New York, NY 10020

RE: The tariff classification of an MP3 player/sunglasses from China.

Dear Ms. De Silva:

In your letter dated December 15, 2005 you requested a tariff classification ruling.

The item in question (sample provided) is a composite article denoted as MP3 Sunglasses reference number PP349617. The wearable sunglasses house, within its frame, an MP3 player. The MP3 player is not detachable but can be connected to an appropriate external source for the downloading of MP3 music files. Once worn the music can be heard by the user. NY Ruling K89083 provides guidance in this matter. Classification will be accordingly.

The applicable subheading for the MP3 Sunglasses will be 8520.90.0080, Harmonized Tariff Schedule of the United States (HTSUS), which provides for Magnetic tape recorders and other sound recording apparatus, whether or not incorporating a sound reproducing device: 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 Michael Contino at 646-733-3014.

Sincerely,

Robert B. Swierupski
Director,

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