The tariff classification of a Toy Turbo Bug Vacuum from China

N003338 November 22, 2006 CLA-2-95:RR:NC:2:224 CATEGORY: Classification TARIFF NO.: 9503.80.0000 Ms. Shane Brooks Summit Products, LLC 7299 Gadsden Hwy Trussville, AL 35173 RE: The tariff classification of a Toy Turbo Bug Vacuum from China Dear Ms. Shane: In your letter dated November 12, 2006, you requested a tariff classification ruling. You are requesting the tariff classification on a product called a Backyard Safari Turbo Bug Vacuum, item BSTBV. The item is a plastic toy bug vacuum that is battery-operated and enables the child to catch a bug in the capture core of the device, for observation purposes. The unit also includes a turbo option for more powerful suction and a red LED light that indicates turbo mode. The applicable subheading for the Backyard Safari Turbo Bug Vacuum, item BSTBV, will be 9503.80.0000, Harmonized Tariff Schedule of the United States (HTSUS), which provides for other toys and models, incorporating a motor, and parts and accessories thereof. 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 will be classified in 9503.00.00 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