The tariff classification of a toy pistol and a toy cane from China

N027701 May 29, 2008 CLA-2-95:OT:RR:NC:2:224 CATEGORY: Classification TARIFF NO.: 9503.00.0080 Ms. Helena Cooper Original Concepts Inc. 701 E. 3rd Street Suite 130 Los Angeles, CA 90013 RE: The tariff classification of a toy pistol and a toy cane from China Dear Ms. Cooper: In your letter dated April 30, 2008, you requested a tariff classification ruling on behalf of Smiffy’s. The merchandise that is the subject of this ruling request is identified as a Dick Turpin Pistol, item number 30372 and Mr. Hyde’s Cane, item number 30483. The pistol, constructed of 100% plastic, is a toy replica of the pistol that was carried by Dick Turpin, a famous British highwayman from the 1700’s. The pistol has a solid brown barrel that is decorated with gold painted overlays and parts. The trigger and cocking mechanism have movable parts. The toy cane is constructed of two interlocking pieces of 100% plastic. The cane is black with a gold painted tip and a gold painted double-faced hand grip depicting a skull and a satanic visage. The cane represents the one carried by the fictional character Mr. Hyde. The samples will be returned, as requested by you. The applicable subheading for the toy pistol and toy cane will be 9503.00.0080, Harmonized Tariff Schedule of the United States (HTSUS), which provides for “Tricycles, scooters, pedal cars and similar wheeled toys…dolls, other toys…puzzles of all kinds; parts and accessories thereof…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/. The submitted samples are not marked with the country of origin. Therefore, if imported as is, the items will not meet the country of origin marking requirements of 19 U.S.C. 1304. Accordingly, they would be considered not legally marked under the provisions of 19 C.F.R. 134.11 which states, “every article of foreign origin (or its container) imported into the U.S. shall be marked in a conspicuous place as legibly, indelibly, and permanently as the nature of the article (or container) will permit, in such manner as to indicate to the ultimate purchaser in the U.S. the English name of the country of origin of the article.” With regards to the Dick Turpin Pistol, imitation firearms must conform to the marking requirements of 15 U.S.C. 5001; 15 CFR Part 1150. The Department of Commerce has final authority in this matter. For further information concerning the proper marking of your imitation firearm, you may contact Mark S. Madsen or Jessica Cha at (301) 975-2137. To request an official determination, include the imitation firearm sample and send to: Department of Commerce Office of NIST Counsel Administration A-520 Mail Stop 1052 Gaithersburg, MD 20899-1052 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 James Forkan at 646-733-3025. Sincerely, Robert B. Swierupski Director, National Commodity Specialist Division