CLA-2 RR:CR:GC 964532 AML

Mr. Bruce N. Shulman
Stein, Shostak, Shostak & O’Hara, P.C.
Suite 807
1620 L Street, N.W.
Washington, D.C. 20036-5605

RE: Toy binoculars contained in the Pathfinder Fact Pack.

Dear Mr. Shulman:

This is in reference to Headquarters Ruling Letter (HQ) 962971, issued to you on behalf of Walter Foster Publishing, Inc., on September 11, 2000, which concerned the classification of, among other articles not relevant to this clarification, toy binoculars contained in “The Pathfinder Fact Pack” (“Pathfinder”) under the Harmonized Tariff Schedule of the United States (HTSUS). This is also in reference to the clarification of HQ 962971, dated September 28, 2000, under case number HQ 964532.

In the body of HQ 962971 on page 5, Customs states that the plastic binoculars contained in the Pathfinder are toys in their own right. In the HOLDING section, the binoculars are erroneously classified as such under subheading 9005.10.00, HTSUS. The toy binoculars are classifiable under subheading 9503.90.0045, HTSUS, as other toys. This letter amends HQ 962971 only as it pertains to the toy binoculars contained in the Pathfinder Fact Pack. Please disregard the September 28, 2000, version of this letter. We regret any inconvenience this error may have caused.

Sincerely,

John Durant, Director
Commercial Rulings Division