CLA-2-85:OT:RR:NC:N1:112
Mr. Dennis Morse
BDP International, Inc.
2721 Walker Avenue N.W.
Grand Rapids, MI 49504
RE: The tariff classification of the Little Tikes Learning Letters Laptop from China
Dear Mr. Morse:
In your letter dated November 6, 2008, on behalf of Meijer Distribution, you requested a tariff classification ruling. The sample which you submitted is being returned as requested.
The item concerned is the Little Tikes Learning Letters Laptop (Item #601156). This is a multi-functional electronic learning device specifically designed for children ages 2 through 4. This educational device mimics the look of a laptop computer. It measures approximately 7 ¾ inches wide by 9 inches deep by 3 inches thick when closed. Its plastic housing incorporates a handle to make the item portable. It consists of a liquid crystal display (LCD) screen, a keyboard, a speaker, and an on/off button. The system operates on 4 “AA” batteries.
The Little Tikes Learning Letters Laptop (Item #601156) uses animated graphics, sounds and various activities, to teach children letter and number recognition, vocabulary and counting.
In your ruling request, you propose classification, of the Little Tikes Learning Letters Laptop, under subheading 9504.90.4000, which provides for "Articles for arcade, table or parlor games…: Other: Game machines, other than those operated by coins, banknotes (paper currency), discs or similar articles; parts and accessories thereof." However, this item does not meet the definition of a game, nor would it be considered a toy. The Little Tikes Learning Laptop is designed and used primarily as an educational learning device.
The applicable subheading for the Little Tikes Learning Letters Laptop (Item #601156) will be 8543.70.9650, Harmonized Tariff Schedule of the United States (HTSUS), which provides for “Electrical machines and apparatus…: Other machines and apparatus: Other: Other: Other: Other.” The general rate of duty will be 2.6%.
Based on temporary import legislation, the Little Tikes Learning Letters Laptop (Item #601156) qualifies as an "educational device" classifiable in subheading 9902.85.43 of the HTSUS which provides for "Educational devices (provided for in subheading 8543.70.96)". The rate of duty will be .55%.
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
National Commodity Specialist Division