K81362 K8 Ruling Active

The tariff classification of foam plastic craft accessories from China.

Issued December 4, 2003 by U.S. Customs and Border Protection.

Tariff classification

HTS codes: 3926.90.9880

Headings: 3926

Product description

Style 40062 consists of various animal and insect shapes. Style 66502 consists of numbers and letters. Style 4621 consists of fish shapes. The shapes are intended for use in craft activities. You suggest classification as a toy in heading 9503 of the Harmonized Tariff Schedule of the United States (HTS). The Explanatory Notes to that heading state that collections of articles put up in a form clearly indicating their use as toys may be classified in Chapter 95. Collections of components put up as craft kits and designed primarily to provide amusement while educating a person in some basic skill or by role-play while creating a finished product may be classified as toy sets. However, the foam shapes imported separately are not designed primarily to provide amusement and thus are not classifiable as toys.

CBP rationale

The applicable subheading for the foam shapes will be 3926.90.9880, Harmonized Tariff Schedule of the United States (HTS), which provides for other articles of plastics, other.

Full text

NY K81362 December 4, 2003 CLA-2-39:RR:NC:SP:221 K81362 CATEGORY: Classification TARIFF NO.: 3926.90.9880 Mr. Kevin Egan E. Besler & Company 115 Martin Lane Elk Grove Village, IL 60007-1309 RE: The tariff classification of foam plastic craft accessories from China. Dear Mr. Egan: In your letter dated November 17, 2003, you requested a tariff classification ruling. The samples submitted with your letter consist of various shapes cut from foamed ethylene vinyl acetate (EVA) plastic sheets. Style 40062 consists of various animal and insect shapes. Style 66502 consists of numbers and letters. Style 4621 consists of fish shapes. The shapes are intended for use in craft activities. You suggest classification as a toy in heading 9503 of the Harmonized Tariff Schedule of the United States (HTS). The Explanatory Notes to that heading state that collections of articles put up in a form clearly indicating their use as toys may be classified in Chapter 95. Collections of components put up as craft kits and designed primarily to provide amusement while educating a person in some basic skill or by role-play while creating a finished product may be classified as toy sets. However, the foam shapes imported separately are not designed primarily to provide amusement and thus are not classifiable as toys. The applicable subheading for the foam shapes will be 3926.90.9880, Harmonized Tariff Schedule of the United States (HTS), which provides for other articles of plastics, other. The rate of duty will be 5.3 percent 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 Joan Mazzola at (646) 733-3023. Sincerely, Robert B. Swierupski Director, National Commodity Specialist Division

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