The tariff classification of a Dino Magic Volcano and a Dino Magic Egg from China

N004599 December 26, 2006 CLA-2-95RR:NC:2:224 CATEGORY: Classification TARIFF NO.: 9503.90.0080 Ms. Amy Schmerl Wild Planet Toys, Inc 225 Bush St., Suite 1300 San Francisco, CA 94104 RE: The tariff classification of a Dino Magic Volcano and a Dino Magic Egg from China Dear Ms. Schmerl: In your letter dated December 13, 2006, you requested a tariff classification ruling. You are requesting the tariff classification on two items as follows: a Dino Magic Volcano, item number 31002, and a Dino Magic Egg, item number 31001. The Dino Magic Volcano is an egg in a volcano that reveals dinosaur parts when placed in warm water. The Dino Magic Egg is a dinosaur egg that dissolves in warm water to reveal parts of a dinosaur. The sample will be returned, as requested by your office. The applicable subheading for the Dino Magic Volcano, item 31002, and a Dino Magic Egg, item 31001, will be 9503.90.0080, Harmonized Tariff Schedule of the United States (HTSUS), which provides for other toys; reduced-size (“scale”) models…puzzles of all kinds: parts and accessories thereof: 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 in the process of being amended to reflect changes recommended by the World Customs Organization. The amendments are expected to affect the classification of your merchandise. Pursuant to Section 3005 c, the report recommending those changes was sent to the President for proclamation of the changes. By law, the President cannot proclaim the implementation of these latter amendments in the HTS until a required 60-legislative-day Congressional layover period is completed. We understand that the layover period has been completed. Accordingly, the recommended changes will become law after they are proclaimed by the President. The effective date of those changes will be specified in the Presidential proclamation. In addition, at that time, the United States International Trade Commission will post an updated electronic version of the 2007 HTSUS on its website, www.usitc.gov, and the Government Printing Office will publish a hard-copy version of the 2007 HTS. Once those changes are in effect, it is anticipated that your merchandise will be classified in 9503.00.00 HTSUS. Under the circumstances, this information 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