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NY M83293




June 15, 2006

CLA-2-90:RR:NC:MM:114 M83293

CATEGORY: CLASSIFICATION

TARIFF NO.: 9013.80.9000

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

RE: The tariff classification of 5 in 1 Pet Laser Exerciser from China

Dear Ms. Aldinger:

In your letter dated May 19, 2006, you requested a tariff classification ruling. A sample of the 5 in 1 Pet Laser Exerciser was submitted with your ruling request.

Item number 946585 is the 5 in 1 Pet Laser Exerciser. The article is a laser pointer that measures approximately 2½ inches in length and has a cylindrical molded polyvinyl chloride (PVC) outer case with an on-off button. It is attached to a key chain with a key ring and a swivel link and snap hook.

The laser pointer contains a laser diode that operates in the 645 nanometer wavelength range. The laser pointer emits a bright red dot that you state is visible for up to one mile. The laser pointer features a lens that can be rotated to switch between five different images for pets to chase. The five images include a smiley face, a mouse, a ball, a star, and a butterfly. The laser pointer requires three LR44 button batteries to operate; the batteries are included. The 5 in 1 Pet Laser Exerciser will be packaged on a blister display card ready for retail sale.

The applicable subheading for the 5 in 1 Pet Laser Exerciser will be 9013.80.9000, Harmonized Tariff Schedule of the United States (HTSUS), which provides for other optical devices, appliances and instruments: other. The rate of duty will be 4.5 percent ad valorem.

Duty rates are provided for your convenience and are subject to change. The text of the most recent HTSUS and the accompanying duty rates are provided on World Wide Web at http://www.usitc.gov/tata/hts/.

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 Barbara Kiefer at 646-733-3019.

Sincerely,

Robert B. Swierupski
Director,

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