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NY M80905




March 8, 2006

CLA-2-95:RR:NC:SP:225 M80905

CATEGORY: CLASSIFICATION

TARIFF NO.: 9503.50.0000

Ms. Maria F. Borges
Hasbro, Inc.
200 Narragansett Park Drive
P.O. Box 200
Pawtucket, RI 02862-0200

RE: The tariff classification of a Dance Along MP3 from China.

Dear Ms. Borges:

In your letter dated February 23, 2006, you requested a tariff classification ruling.

You submitted a sample of a Dance Along MP3 identified as item number 08853, which is being returned upon your request. The item is a pink and silver plastic toy MP3 player with a clear plastic handle that is designed to replicate a real MP3 player. The player has several pre-programmed play lists of music that can be accessed by manipulating various buttons and icons that also control the running time of the selected music. The player has no real download capacity but does have an extendable cable with a plastic end connection for simulating “downloads.” The player cannot function as a real MP3 player and is intended to provide amusement for a child three years of age and older pretending to download music.

The applicable subheading for item number 08853, Dance Along MP3, will be 9503.50.0000, Harmonized Tariff Schedule of the United States (HTUS), which provides for "Other toys; reduced-size ("scale") models and similar recreational models, working or not; puzzles of all kinds; parts and accessories thereof: Toy musical instruments and apparatus and 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 Alice Wong at 646-733-3026.

Sincerely,

Robert B. Swierupski
Director,

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