CLA-2-95:S:N:N8:225 896159

Ms. Maureen Shoule
J.W. Hampton, Jr. & Co., Inc.
15 Park Row
New York, N.Y. 10038

RE: The tariff classification of an electronic toy from China

Dear Ms. Shoule:

This classification decision under the Harmonized Tariff Schedule of the United States (HTS) is being issued in accordance with the provisions of Section 177 of the Customs Regulations (19 C.F.R. 177).

DATE OF INQUIRY : March 24, 1994

ON BEHALF OF : F.W. Woolworth Company

DESCRIPTION OF MERCHANDISE : Item #9873 is an electronic scarry greeter made of PVC, vinyl and cloth. The article depicts the head of a creature wearing a black shroud over the back of its head. The product operates on two "AA" size batteries which are not included. When acti- vated, the creature's eyes light up and a Halloween greeting is conveyed. Any motion will trigger the unit into operation provided the switch is turned to the "on" position.

HTS PROVISION : Other toys (except models), not having a spring mechanism

HTS SUBHEADING : 9503.90.6000

RATE OF DUTY : 6.8 percent ad valorem

OTHER : The sample will be returned as requested.

- 2 -

A copy of this ruling letter should be attached to the entry documents filed at the time this merchandise is imported. If the documents have been filed without a copy, this ruling should be brought to the attention of the Customs officer handling the transaction.

Sincerely,

Jean F. Maguire
Area Director
New York Seaport