The tariff classification of a "Sport Spring Up-N-Catch" from China

N039875 October 7, 2008 CLA-2-95:RR:NC:2:224 CATEGORY: Classification TARIFF NO.: 9503.00.0080 Ms. Irene Tsiavos Easter Unlimited, Inc. 80 Voice Road Carle Place, NY 11514 RE: The tariff classification of a “Sport Spring Up-N-Catch” from China Dear Ms. Tsiavos: In your letter dated September 3, 2008, you requested a tariff classification ruling. A sample of the “Sport Spring Up-N-Catch,” item number 4078, has been submitted with your inquiry. The product consists of six plastic toys that depict sports balls (footballs, basketballs and baseballs) with amusing expressions. Each toy is constructed with a metal spring in between a suction cup and a plastic base. The toy is designed to pop up after it is pressed down onto a flat surface. A toy basket with a handle is included for catching the toys after they pop up. The sample will be returned as requested. The applicable subheading for the “Sport Spring Up-N-Catch” 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 sample is not marked with the country of origin. Therefore, if imported as is, the product will not meet the country of origin marking requirements of 19 U.S.C. 1304. Accordingly, the product will 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 its container) will permit, in such a manner as to indicate to the ultimate purchaser in the U.S. the English name of the country of origin of the article.” 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