The tariff classification of binoculars with pop-up light from China

NY H82572 July 17, 2001 CLA-2-90:RR:NC:MM:114 H82572 CATEGORY: Classification TARIFF NO.: 9005.10.00 Ms. Jenette Stuart Kuehne & Nagel San Francisco Branch 150 West Hill Place Brisbane, California 94005-1216 RE: The tariff classification of binoculars with pop-up light from China Dear Ms. Stuart: In your letter dated June 20, 2001, on behalf of Wild Planet Toys, Inc., you requested a tariff classification ruling on binoculars with pop-up light from China. A sample of the Wild Planet Spy Night Scope was submitted with your request for a ruling. The submitted Wild Planet Spy Night Scope, identified as item number 70036, is a plastic binocular that has five power magnification to see far away and green tint lenses for night vision view. The Spy Night Scope features a pop-up spotlight that shines 25 feet, green stealth light for surveillance, focus knob, and neck strap for easy carrying. The Spy Night Scope requires two AAA batteries. The batteries are not included. The Spy Night Scope is packaged in a blister display pack with a cardboard insert ready for retail sale. The instruction sheet included with the Spy Night Scope explains how to use the pop-up spotlight. The built-in spotlight is used to spy faraway objects in the dark. While looking through the binoculars, slide the spotlight switch on the right-hand side towards the center of the binoculars. The spotlight will automatically pop up and turn on. When finished, push the spotlight back down until it clicks into place. The spotlight will turn off automatically. The spotlight requires one 2.5V 300mA bi-pin bulb. The instruction sheet included with the Spy Night Scope explains how to activate the green stealth light. The green stealth light is used when you need extra light in the dark and you do not want others to see the bright spotlight. While looking through the binoculars, slide the stealth light switch on the left-hand side, using your index finger, towards the center of the binoculars. The stealth light should turn on and you should see a green beam in the front. When finished, slide the stealth light switch back to the left to turn it off. The applicable subheading for the Spy Night Scope will be 9005.10.00, Harmonized Tariff Schedule of the United States (HTS), which provides for binoculars. 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 Barbara Kiefer at 212-637-7058. Sincerely, Robert B. Swierupski Director, National Commodity Specialist Division