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NY N005900




February 2, 2007

CLA-2-95:RR:E:NC:2:224

CATEGORY: CLASSIFICATION

TARIFF NO.: 9503.90.0080

Ms. Wendy Sudsinsunthorn
Summit Products, LLC
7299 Gadsden Hwy
Trussville, AL 35173

RE: The tariff classification of Zillion Touch Screen ATM from China

Dear Ms. Sudsinsunthorn:

In your letter dated January 23, 2007, you requested a tariff classification ruling.

The submitted sample, Zillion Touch Screen ATM, is a plastic toy automatic teller machine (ATM) that measures approximately 14 inches in height by 5 1/4 inches in width (at its widest width) by 10 inches in length. The toy operates on batteries that are not included. On top of the machine is a slot that serves as a bill feeder. Directly below it is a slot for an ATM card (with the user’s own personalized PIN number), and an opening for depositing coins. A coin sorter counts and separates the coins by denominations. The machine maintains a running balance of deposits and withdrawals and talks as the user makes these financial transactions. This item is intended as an educational toy that allows a child to have fun saving money while simulating the adult activity of using an ATM.

     The applicable subheading for Zillion Touch Screen ATM, will be 9503.90.0080, 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: Other: Other." 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).

Pursuant to title 19 United States Code, Section 3005 The Harmonized Tariff Schedule of the United States is expected to be amended effective 1/1/07. The amendments are expected to affect the classification of your merchandise. Pursuant to Section 3005 c, the report recommending those changes has been sent to the President for proclamation of the changes. Upon the expiration of sixty legislative days, in the absence of Congressional action, the recommended changes will become law. Accordingly based on that recommendation, it is anticipated that your merchandise will be classified in 9503.00.0000 under the 2007 Harmonized Tariff Schedule. Under the circumstances, this classification under the 2007 tariff is advisory only.

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 tom McKenna at 646-733-3025.

Sincerely,

Robert B. Swierupski
Director,

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