CLA-2-92:RR:NC:2:227 C88214

Mr. James F. Morgan

F.W. Myers & Co., Inc.

2600 Cabover Drive, Suite A

Hanover, Maryland 21076

RE: The tariff classification of musical instruments from China.

Dear Mr. Morgan:

In your letter dated May 20, 1998, on behalf of More Marketing and Sales Force Productivity, you requested a tariff classification ruling.

The merchandise consists of musical instruments that have been reduced in size and targeted towards the youth and beginner market. The instruments in question are drums, guitars (valued under $100) and electronic drums.

Since these instruments are not the usual size and are marketed toward young people, you ask whether classification under 9503.50.0020, HTS, as toy musical instruments, is correct.

The submitted literature indicates that the subject musical instruments are for the serious pursuit of music, not limited nor frivolous in use, and, therefore, precluded from classification in heading 9503, HTS.

The applicable subheading for the drums will be 9206.00.2000, Harmonized Tariff Schedule of the United States (HTS), which provides for percussion musical instruments, drums. The rate of duty will be 4.8 percent ad valorem.

The applicable subheading for the guitars will be 9202.90.2000, HTS, which provides for guitars, valued not over $100 each. The rate of duty will be 5 percent ad valorem.

The applicable subheading for the electronic drums will be 9207.90.0080, HTS, which provides for other musical instruments, the sound of which is produced, or must be amplified, electrically. The rate of duty will be 5.4 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 George Kalkines at 212-466-5794.

Sincerely,

Robert B. Swierupski

Director,

National Commodity

Specialist Division