The tariff classification of a toy train set from China

PD G89104 April 26, 2001 CLA-2-95:L:OFO:D22 G89104 CATEGORY: Classification TARIFF NO.: 9503.10.0000 Ms. Shirley Markey-Wohar Shelcore Toys 347 Elizabeth Avenue Somerset, N.J. 08873-1101 RE: The tariff classification of a toy train set from China Dear Ms. Markey-Wohar: In your letter dated March 29, 2001, you requested a tariff classification ruling. Enclosed with your request is a toy train set called “Shakin’ Railway” model no. 82105. The plastic toy set consists of a train, a train passenger car, three human shaped figures and eight snap-on railroad tracks. The figures depict a train engineer, a boy and a girl. The three figures are standing up and permanently attached to the train and passenger car, respectively. The train engine is equipped with a headlight, voice chip, and speaker. The train is 7 inches long, 4 ½ inches wide and 5 ½ inches high while the passenger car is 5 ½ inches long, 4 ½ inches wide and 2 ½ inches high. The pieces of track snap together to form an oval track six foot long. The set performs a couple of functions, i.e., single run or continuous mode operations. Pressing the toy engineer’s head activates an action. The bell sounds and the train whistles followed by the phrase “All Aboard!” The train moves forward towing the passenger car. When the train is moving the engineer wobbles, the engine shakes, the smokestack moves up and down, and the headlights blink. The figures in the passenger car move up and down as the train moves. The set includes 3 “AA” replaceable batteries. The toy set is intended for children 1 year and up. Your sample is being returned as requested. The applicable subheading for the toy set will be 9503.10.0000, Harmonized Tariff Schedule of the United States (HTS), which provides for electric trains, including tracks, signals and other accessories thereof; parts thereof. The rate of duty will be free. If you have any questions regarding the ruling, contact Field National Import Specialist Dennis Tijerina at (956) 794-9501 or National Import Specialist Alice Wong at (212) 637-7028. 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. Sincerely, Eugenio Garza Jr. Port Director Laredo, Texas