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NY N019539




December 6, 2007

CLA-2-85:OT:RR:NC:N1:112

CATEGORY: CLASSIFICATION

TARIFF NO.: 8543.70.9650, 9503.00.0080

G.E. Tilton, Import/LAX
Kamino International Transport Inc dba
KAT Import Brokers
2580 Santa Fe Avenue
Redondo Beach, CA 90278

RE: The tariff classification of “Gentle Vibrations 3-in-1 crib soother (Y3094),” “Dreams-in-Sight Mobile UT (Y2394)” and the “Winnie The Pooh Sleep Wonderland (Y2377)” from China

Dear Mr. Tilton:

In your letter dated November 2, 2007 on behalf of Learning Curve Brands, Inc., you requested a tariff classification ruling. The samples which you submitted are being returned as requested.

The first item concerned is the Gentle Vibrations 3-in-1 Crib Soother (Y3094). The item contains two parts. The first part is the control unit which is designed to fit on the crib rail. It measures approximately 6 inches in length by 4 inches in width. It operates on four “AA” batteries. The control unit contains eleven buttons, and incorporates a child-resistant cover. In addition, the bottom of the unit contains a framed light. The second part is the vibration unit. It may be clipped to the crib’s wire springs, or placed on the side railing of the crib. It measures approximately 7 ¼ inches in length by 4 inches in width. It operates on four “C” batteries.

The purpose of the item is to play sounds, provide a nightlight and vibrate the crib mattress. This device is intended to create a sleep environment for an infant. The item is intended from ages birth and up.

The second item concerned is the Dreams-in-Sight Mobile (Y2394). It consists of a projection mobile with a music box and a remote control. Four plush animal characters are attached to the mobile. The upper arm contains a projection ball. On the projection ball are star and moon design cut-outs. The music box measures approximately 7 ½ inches in height by 8 ½ inches in width. On the top of the music box is an LED power indicator light, a volume control, and a power/mode switch. Four large buttons are located on the front of the music box. Each button either plays music or a soothing sound. The music box is attached to the top crib rail. The buttons are large enough so the infant can activate the music box. It operates on four “D” batteries. A remote control can be used to activate the music and motion without disturbing the infant. The remote control operates on three “AAA” batteries.

The purpose of the Dreams-In-Sight is to play sounds, help develop visual tracking skills and soothe the infant. The item is intended for ages 0-5 months.

The applicable subheading for the Gentle Vibrations 3-in-1 Crib Soother (Y3094) will be 8543.70.9650, Harmonized Tariff Schedule of the United States (HTSUS), which provides for “Electricalapparatus, having individual functions, not specified or included elsewhere:Otherapparatus: Other: Other: Other: Other”. The rate of duty will be 2.6%.

The applicable subheading for the Dreams-in-Sight Mobile UT (Y2394) will be 9503.00.0080, Harmonized Tariff Schedule of the United States (HTSUS), which provides for “Tricycles, scooters, pedal cars and similar wheeled toys; dolls’ carriages; dolls, other toys; reduced-scale (“scale”) models and similar recreational models, working or not; puzzles of all kinds; parts and accessories thereof: Other”. The rate of duty will be free.

Regarding the Winnie the Pooh Sleep Wonderland (Y2377), we cannot issue a classification ruling on this item. Additional information is required. The brochure’s diagram indicates that the Sleep Wonderland contains a projection lens. Is the projection lens an optical lens? Of what type of plastic material is it composed? Does the projection lens magnify the image? Please indicate that in your reply.

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 Steve Pollichino at 646-733-3008.

Sincerely,

Robert B. Swierupski
Director,

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