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NY R04209




June 20, 2006

CLA-2-85:RR:NC:1:109 R04209

CATEGORY: CLASSIFICATION

TARIFF NO.: 8527.19.5035

Ms. Lorianne Aldinger
Rite Aid Corporation
30 Hunter Lane
Camp Hill, PA 17011

RE: The tariff classification of a portable novelty radio with earphones from China.

Dear Ms. Aldinger:

In your letter dated June 14, 2006, you requested a tariff classification ruling.

The subject merchandise, based on the submitted information, is a portable, battery-operated, plush FM-scan radio, known as the “Radio Plush FM Scan” (item number 937863). This type of novelty radio, measuring approximately 5 ½ inches high, is stated to be imported in the following forms: a dog, a bear, a frog, and a monkey. It is further stated that this radio, which will be retail-packed with earphones, incorporates an earphone jack as well as reset and scan buttons.

The applicable subheading for this novelty radio will be 8527.19.5035, Harmonized Tariff Schedule of the United States (HTSUS), which provides for Reception apparatus for radiotelephony, radiotelegraphy or radiobroadcasting, whether or not combined, in the same housing, with sound recording or reproducing apparatus or a clock: Radiobroadcast receivers capable of operating without an external source of power, including apparatus capable of receiving also radiotelephony or radiotelegraphy: Other: Other FM only or AM/FM only. The rate of duty will be 3 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 Michael Contino at 646-733-3014.

Sincerely,

Robert B. Swierupski
Director,

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