CLA-2-85:RR:NC:1:112 F82965

Mr. Darrell Sekin Jr.
DJS International Services, Inc.
P.O. Box 612785
DFW Airport, TX 75261

RE: The tariff classification of a singing fish from China

Dear Mr. Sekin:

In your letter dated February 4, 2000, on behalf of Gemmy Industries, Inc., you requested a tariff classification ruling.

As indicated by the submitted sample, the singing fish, identified as “Big Mouth Billy Bass” is a battery operated representation of a fish mounted on a plastic plaque. When activated, the fish “sings” excerpts from several songs while the head and tail move back and forth.

The applicable subheading for “Big Mouth Billy Bass” will be 8543.89.9695, Harmonized Tariff Schedule of the United States (HTS), which provides for other electrical machines and apparatus, …, not specified or included elsewhere in Chapter 85, HTS. The rate of duty will be 2.6 percent ad valorem.

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 David Curran at 212-637-7049.

Sincerely,

Robert B. Swierupski
Director,
National Commodity
Specialist Division