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NY N026292




May 13, 2008

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

CATEGORY: CLASSIFICATION

TARIFF NO.: 8531.80.0050

Cathy Spiotta
Alba Wheels Up International
150-30 132nd Avenue
Suite 208
Jamaica, NY 11434

RE: The tariff classification of the P.C. Gizmo from China

Dear Ms. Spiotta:

In your letter dated April 23, 2008, on behalf of Blue Box Toys Inc., you requested a tariff classification ruling. The sample which you submitted is being returned as requested.

The item concerned is referred to as the P.C. Gizmo. This device measures approximately 5 inches tall x 4 inches wide x 4 inches deep. The item resembles an egg shaped character with long ears and solid black eyes. Colored LED lights are housed within the body of the character. The character is mounted on a round base that incorporates a speaker. Both the body of the character and the base are made of plastic. A length of electrical wire with a USB connector is attached to the base unit.

In use, this device is connected to a personal computer via the USB port. The principal use of this item is to alert the user whenever they receive a new email message, instant message or internet phone call. The P.C. Gizmo will use both audio and visual signals to alert the user when a new message or phone call is received. The device will illuminate its various LED lights, flap its ears and play tunes/sounds as the character dances around on its base.

The applicable subheading for the P.C. Gizmo will be 8531.80.0050, Harmonized Tariff Schedule of the United States (HTSUS), which provides for “Electric sound or visual signaling apparatus: Other apparatus: Other”. The rate of duty will be 1.3%.

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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