The tariff classification of a toy from China

NY J87401 August 1, 2003 CLA-2-95:RR:NC:2:225 J87401 CATEGORY: Classification TARIFF NO.: 9503.90.0080 Ms. Alice Liu Atico International USA, Inc. 501 South Andrews Avenue Ft. Lauderdale, FL 33301 RE: The tariff classification of a toy from China Dear Ms. Liu: In your letter dated July 3, 2003, you requested a tariff classification ruling. A representative sample was submitted with your ruling request. The subject article - item #C78F1095, is described as a 6 inch high “Valentine Glass Thermometer”. The article is composed of clear glass and measures approximately six inches in height. It consists of a round base measuring approximately two inches in height and two inches in diameter. A glass tube rises from the bottom center through the top of the base. The rise extends four inches above the base and is topped with a hollow glass heart. Pink colored liquid is sealed inside the article. This product is designed for amusement purposes. When a person puts their warm hands around the base of the article, the liquid activates and flows from the base through the glass tube into the glass heart. When the article is inactive, the liquid remains in the base. The applicable subheading for the “Valentine Glass Thermometer” will be 9503.90.0080, 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: Other: Other.” The rate of duty will be free. This merchandise may be subject to the requirements of the Toxic Substances Control Act (TSCA), which is administered by the U.S. Environmental Protection Agency. You may contact them at 401 M Street, S.W., Washington, D.C. 20460, telephone number (202) 554-1404, or EPA Region II at (732) 321-6669. 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