The tariff classification of a "Thintronix Musical Sticker" and a "Thintronix Message Band" from China.

NY J80387 January 30, 2003 CLA-2-95:RR:NC:SP:225 J80387 CATEGORY: Classification TARIFF NO.: 9503.50.0000; 9503.90.0080 Ms. Kim Young BDP International, Inc. 2721 Walker Avenue, N.W. Grand Rapids, MI 49504 RE: The tariff classification of a “Thintronix Musical Sticker” and a “Thintronix Message Band” from China. Dear Ms. Young: In your letter dated January 21, 2003, on behalf of your client, Meijer Distribution, you requested a tariff classification ruling. You submitted the following samples: Item #858717, “Thintronix Musical Sticker”, consists of a plastic sticker musical toy in the shape of an electric guitar set against speakers that measures approximately 1/16 of an inch in height x 5 inches across x 6 inches in length, with non-replaceable batteries inside. When the user presses 1 of 4 musical note icons on the neck of the guitar, the guitar will “play” a musical riff. Pressing the icon again will change the musical note selections. The sticker has adhesive on the back for affixing to a flat surface. Item #858722, “Thintronix Message Band”, consists of a plastic wrist band powered by a non-replaceable battery that allows the wearer to record a six second message. To activate the battery, a tab is removed on one side of the band, the record button is depressed, and the message is recorded. The band is then given to a friend who will play back the message, record a response, and pass the band back to the sender. Packaging indicates that the product is to be disposed of once the battery stops functioning. In the opinion of this office, the recording capability is the essential character of this item and its limited use (six seconds) and enclosed marketing clearly indicates the use of this item as a toy. Your samples are being returned as requested. The applicable subheading for Item #858717, “Thintronix Musical Sticker”, will be 9503.50.0000, Harmonized Tariff Schedule of the United States (HTS), which provides for “Other toys; reduced-size (“scale”) models and similar recreational models, working or not; puzzles of all kinds; parts and accessories thereof: Toy musical instruments and apparatus and parts and accessories thereof.” The rate of duty will be free. The applicable subheading for Item #858722, “Thintronix Message Band”, will be 9503.90.0080, HTS, which provides for “Other toys; reduced-size ("scale") models and similar recreational models, working or not; puzzles of all kinds; parts and accessories thereof: Other: Other.” The rate of duty will be free. 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 Alice Wong at 646-733-3026. Sincerely, Robert B. Swierupski Director, National Commodity Specialist Division