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NY M84610




July 6, 2006

CLA-2-95:RR:NC:SP:225 M84610

CATEGORY: CLASSIFICATION

TARIFF NO.: 9503.50.0000

Ms. Alicia Balderas
Sears Holdings
3333 Beverly Road
Hoffman Estates, IL 60179

RE: The tariff classification of a “Blue Man Group Keyboard” from China.

Dear Ms. Balderas:

In your letter dated June 22, 2006, you requested a tariff classification ruling.

You submitted a sample of a “Blue Man Group Keyboard” identified as item number 27495, along with operating literature. The item is a plastic music station that includes a 37 key keyboard, 10 pre-programmed songs, 6 motion tubes that allows one to wave their hand over the tubes to enable mixing, percussion, tempo change and volume control, nine different instrument modes that allows one to “play” drums, piano “smasher”, piano, organ, electric guitar, trumpet, violin and other strings and a record and playback mode. One can also insert an MP3 player or iPod and play along with one’s favorite music, but neither an MP3 player or iPod are required to use the “Blue Man Group Keyboard.”

The “Blue Man Group Keyboard” is not a professional unit that develops one’s musical skills, but an electronic toy designed to provide amusement by “creating” one’s own music.

The applicable subheading for the “Blue Man Group Keyboard” identified as item number 27495 will be 9503.50.0000, Harmonized Tariff Schedule of the United States (HTSUS), 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.

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 Alice Wong at 646-733-3026.

Sincerely,

Robert B. Swierupski
Director,

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