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NY M84986




July 26, 2006

CLA-2-91:RR:NC:MM:114 M84986

Classification

TARIFF NOS.: 9102.12.80; 9102.12.40; 9405.20.8010

Ms. Liz Monaco
Lanard Toys Inc.
101 South Sterling Terrace
Sugar Creek, MO 64054

RE: The tariff classification of the Totally Chic Time for Me Watch and the Totally Chic My Style Lamp from China

Dear Ms. Monaco:

In your letter dated June 22, 2006 you requested a tariff classification ruling. Samples were furnished with your letter.

The Totally Chic Time for Me Watch, article 18040, is a battery operated opto-electronic watch with a liquid crystal display. The watch displays the hour and minute, and the month and day. The plastic watchcase, containing the opto-electronic movement and the liquid crystal display, slides onto the watchband of the watch. There are three decorative watch faces that can be snapped over the watchcase, so that the wearer can have three different looks. Two samples of article 18040 were furnished to this office. One has watch faces depicting a butterfly, a dragonfly and a flower. The other sample has watch faces depicting a cat, a heart and a star. The Totally Chic Time for Me Watch is a functioning wrist watch.

The Totally Chic My Style Lamp, article 18046, is a lamp, which requires three AA batteries to operate. The lamp has an on-off switch and a plastic lampshade. The Totally Chic My Style Lamp has appliqués, decorative plastic cut outs, beads, and other decorative items which can be attached to the lamp and to the lampshade in order to decorate them. A glue stick, double stick tape or some other craft adhesive, which is not included, is required to attach the decorative pieces to the lamp. The Totally Chic My Style Lamp is a functioning lamp.

You have suggested classification of the Totally Chic Time for Me Watch, article 18040, and the Totally Chic My Style Lamp, article 18046, as toys. This office consulted with the National Import Specialist responsible for toys under chapter 95 of the Harmonized Tariff Schedule of the United States (HTSUS). These articles are functioning articles, watches and lamps, with novelty motifs. They are not classifiable as toys. The watches are classified under chapter 91 of the Harmonized Tariff Schedule of the United States (HTSUS) and the lamps are classified under chapter 94 of the Harmonized Tariff Schedule of the United States (HTSUS).

The applicable subheading for the Totally Chic Time for Me Watch will be 9102.12.80, Harmonized Tariff Schedule of the United States (HTSUS), which provides for wrist watches, pocket watches and other watches, including stop watches, other than those of heading 9101; wrist watches, electrically operated, whether or not incorporating a stop watch facility, with opto-electronic display only, other. The rate of duty will be free.

The applicable subheading for the Totally Chic Time for Me Watch Strap will be 9102.12.40, Harmonized Tariff Schedule of the United States (HTSUS), which provides for straps, bands or bracelets entered with watches of subheading 9102.12.80, and classifiable therewith pursuant to additional U.S. note 2 to this chapter; all the foregoing whether or not attached to such watches at the time of entry, other. The rate of duty will be free.

The applicable subheading for the Totally Chic My Style Lamp will be 9405.20.8010, Harmonized Tariff Schedule of the United States (HTSUS), which provides for electric table, desk, bedside or floor-standing lamps, other, household. The rate of duty will be 3.9 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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