The tariff classification of a battery operated toy from China

NY 817606 January 14, 1996 CLA-2-95:RR:NC:FC: 225 817606 CATEGORY: Classification TARIFF NO.: 9503.80.0010 Ms. Lori Aldinger Rite Aid Corporation P.O. Box 3165 Harrisburg, PA 17105 RE: The tariff classification of a battery operated toy from China Dear Ms. Aldinger: In your letter dated December 12, 1995, received in this office on December 15, 1995, you requested a tariff classifi-cation ruling. The article submitted, item #961362, is called a "Safe Shoot Disc Shooter". The product resembles a spaceship with a pistol grip attached. Made of plastic, the upper portion contains a vertical cylinder that protrudes out from the top. It has a traditionally styled hand held grip with trigger. Two "AA" size batteries (not included) must be inserted for use. The ammunition consists of twelve foam discs. When the "on" switch is activated, and the trigger is pulled, the foam discs are propelled out of the spaceship. The spaceship is bright red with a clear cylinder and yellow grip. It would appear that model number 961362, "Safe Shoot Disc Shooter", meets the marking requirements of Public Law 100-615; 15 U.S.C. 5001; 15 CFR Part 1150; Federal Register Vol. 54, No. 86, pp 19358 (May 5, 1989). The Department of Commerce has final authority in this matter. For further information, please contact, the Office of Deputy Chief Counsel, Department of Commerce at (301) 975-2803. The applicable subheading for the "Safe Shoot Disc Shooter", item #961362, will be 9503.80.0010, Harmonized Tariff Schedule of the United States (HTS), which provides for other toys (except models): incorporating an electric motor. The rate of duty will be free. This ruling is being issued under the provisions of Section 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 J. Wong at 212-466-5538. Sincerely, Roger J. Silvestri Director, National Commodity Specialist Division