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NY N012114




June 11, 2007

CLA-2-90: RR: NC: 1:114

CATEGORY: CLASSIFICATION

TARIFF NO.: 9004.90.0000

Mr. Peter Sanchez Tan
Equity Marketing
6330 San Vicente Blvd.
Los Angeles, CA 90048

RE: The tariff classification of eyeglasses from China.

Dear Tan:

In your letter dated May 31, 2007, you requested a tariff classification ruling.

The eyeglasses, referred to as Eye Tech Iron Man, features ultra bright yellow lenses. You have indicated in your letter that the eyeglasses are a novelty with a playable function. You suggested classification under 9503.00.0010. The National Import Specialist for toys has stated that the eyeglasses are not a toy plaything of heading 9503, but functional eyeglasses.

The applicable subheading for the eyeglasses will be 9004.90.0000 Harmonized Tariff Schedule of the United States (HTSUS), which provides for spectacles, goggles, and the like; corrective, protective or other; other. The rate of duty will be 2.5 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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