The tariff classification of a Nerfoop Value Pack and a Nerfoop from China

NY M87782 November 3, 2006 CLA-2-95:RR:NC:2:224 M87782 CATEGORY: Classification TARIFF NO.: 9503.70.0000; 3926.90.9880 Ms. Connie Rose Hasbro, Inc. 200 Narragansett Park Drive P.O. Box 200 Pawtucket, RI 02862-0200 RE: The tariff classification of a Nerfoop Value Pack and a Nerfoop from China Dear Ms. Rose: In your letter dated October 19, 2006, you requested a tariff classification ruling. You are requesting the tariff classification on two items as follows. The Nerfoop Value Pack, item number 62002 is comprised of a plastic hoop, a net, a foam 3 “ diameter basketball, a cardboard backboard, and a plastic water bottle. The Nerfoop, item number 61310 is the same as item number 62002 but without the plastic water bottle. The samples will be returned, as requested by your office. The components of the Nerfoop Value Pack, item number 62002, will be separately classified. The plastic water bottle will be classified in Chapter 39 of the HTSUS, and the basketball hoop, net, foam basketball, and a cardboard backboard of the indoor basketball game will be classified as toy sets in Chapter 95 of the HTSUS. The applicable subheading for the Nerfoop, item number 61310, or the basketball game portion of the Nerfoop Value Pack, item number 62002 will be 9503.70.0000, Harmonized Tariff Schedule of the United States (HTSUS), which provides for other toys, put up in sets or outfits, and parts and accessories thereof. The rate of duty will be free. The applicable subheading for the plastic water bottle portion of item 62002, the Nerfoop Value Pack, will be 3926.90.9880, Harmonized Tariff Schedule of the United States (HTSUS), which provides for other articles of plastics and articles of other materials of headings 3901 to 3914: other: other…other. The rate of duty will be free. Duty rates are provided for your convenience and are subject to change. The text of the most recent HTSUS and the accompanying duty rates are provided on World Wide Web at http://www.usitc.gov/tata/hts/. This ruling is being issued under the provisions of Part 177 of the Customs Regulations (19 C.F.R. 177). Pursuant to title 19 United States Code, Section 3005 The Harmonized Tariff Schedule of the United States is expected to be amended effective 1/1/07. The amendments are expected to affect the classification of your merchandise. Pursuant to Section 3005 c, the report recommending those changes has been sent to the President for proclamation of the changes. Upon the expiration of sixty legislative days, in the absence of Congressional action, the recommended changes will become law. Accordingly based on that recommendation, it is anticipated that your merchandise, the Nerfoop, items 61310 and 62002 (except for the water bottle), will be classified in 9503.00.0000 under the 2007 Harmonized Tariff Schedule. Under the circumstances, this classification under the 2007 tariff is advisory only. 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