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NY R03536





April 18, 2006

CLA-2-90:RR:NC:MM:114 R03536

CATEGORY: CLASSIFICATION

TARIFF NO.: 9013.80.9000

Mr. Rick Andrade
SeeView Promotions
17760 Alonzo
Encino, CA 91316

RE: The tariff classification of the SeeViewer from China

Dear Mr. Andrade:

In your letter dated March 23, 2006, you requested a tariff classification ruling on the SeeViewer from China. A picture of the SeeViewer was submitted with the ruling request.

The SeeViewer is described in your letter as a plastic pocket sized 3-D viewer with twelve non-replaceable images. The viewer features two eyepieces that allow the user to view an image and a manual thumb lever to advance each image. The user views an image by holding the SeeViewer to his eyes. The item measures approximately 5 inches in length by 2 inches in width by 1 inch in height, and weighs approximately 4 ounces. You have indicated that the SeeViewer will be used as a promotional give-away item similar to the type of item given away at fast food restaurants.

The applicable subheading for the SeeViewer will be 9013.80.9000, Harmonized Tariff Schedule of the United States (HTSUS), which provides for other optical appliances and instruments, not specified or included elsewhere in this chapter: 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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