H87624 H8 Ruling Active

The tariff classification of a plastic toy candy dispenser from China and candy from the UK.

Issued February 27, 2002 by U.S. Customs and Border Protection.

Tariff classification

HTS codes: 9503.49.0000, 9503.10.0060, 1704.90.3550

Headings: 9503, 1704

Product description

You are requesting the tariff classification on an item that is described as a Poo-pooing candy dispenser. The toy candy dispenser is constructed of plastic and will be made to represent a variety of characters, such as a reindeer, a pig, a rabbit, a snowman and Santa Clause (the submitted sample). The plastic toy is packaged with candy, and in addition there will be candy refills packaged separately. The items are not considered a set for the purposes of the HTSUSA therefore the toy and the candy will be separately classified. The classification for the candy is based on the assumption that these products contain no cocoa chocolate ingredient.

CBP rationale

The applicable subheading for the pig, reindeer, rabbit and snowman toy candy dispensers will be 9503.49.0000, Harmonized Tariff Schedule of the United States (HTS), which provides for “Toys representing animals or non-human creatures and parts and accessories thereof: Other. The applicable subheading for the Santa Clause toy candy dispenser will be 9503.10.0060, Harmonized Tariff Schedule of the United States (HTS), which provides for “Dolls representing only human beings and parts and accessories thereof: Dolls, whether or not dressed…Other. The applicable subheading for the candy that is packaged with the candy dispenser, and the candy that is packaged separately will be 1704.90.3550, Harmonized Tariff Schedule of the United States (HTS), which provides for “Sugar confectionery (including white chocolate), not containing cocoa: Other: Other…Put up for retail sale: Other.

Full text

NY H87624 February 27, 2002 CLA-2-95:RR:NC:2:224 H87624 CATEGORY: Classification TARIFF NO.: 9503.49.0000; 9503.10.0060; 1704.90.3550 Yvette Vazquez Trentech 115 West 30th St. Suite # 707 New York, N.Y. 10001 RE: The tariff classification of a plastic toy candy dispenser from China and candy from the UK. Dear Ms. Vazquez: In your letter dated February 1, 2002, you requested a tariff classification ruling. You are requesting the tariff classification on an item that is described as a Poo-pooing candy dispenser. The toy candy dispenser is constructed of plastic and will be made to represent a variety of characters, such as a reindeer, a pig, a rabbit, a snowman and Santa Clause (the submitted sample). The plastic toy is packaged with candy, and in addition there will be candy refills packaged separately. The items are not considered a set for the purposes of the HTSUSA therefore the toy and the candy will be separately classified. The classification for the candy is based on the assumption that these products contain no cocoa chocolate ingredient. The applicable subheading for the pig, reindeer, rabbit and snowman toy candy dispensers will be 9503.49.0000, Harmonized Tariff Schedule of the United States (HTS), which provides for “Toys representing animals or non-human creatures and parts and accessories thereof: Other.” The rate of duty will be free. The applicable subheading for the Santa Clause toy candy dispenser will be 9503.10.0060, Harmonized Tariff Schedule of the United States (HTS), which provides for “Dolls representing only human beings and parts and accessories thereof: Dolls, whether or not dressed…Other.” The rate of duty will be free. The applicable subheading for the candy that is packaged with the candy dispenser, and the candy that is packaged separately will be 1704.90.3550, Harmonized Tariff Schedule of the United States (HTS), which provides for “Sugar confectionery (including white chocolate), not containing cocoa: Other: Other…Put up for retail sale: Other.” The rate of duty will be 5.6 % ad valorem 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 Tom McKenna at 646-733-3025. Sincerely, Robert B. Swierupski Director, National Commodity Specialist Division

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