N062435 N0 Ruling Active

The tariff classification of the Rubik’s TouchCube from China

Issued June 11, 2009 by U.S. Customs and Border Protection.

Tariff classification

HTS codes: 9503.00.0080

Headings: 9503

Product description

A sample of the Rubik’s TouchCube was received with your request. The item is an electronic version of the original Rubik’s, consisting of 6 touch sensitive panels containing 216 LEDs and an internal speaker. The TouchCube contains a tilt-sensing, motion detecting accelerometer which only recognizes moves made on the top side of the Cube, so that one’s fingers will not accidentally move the other light cubes. Instead of manually turning the sides, swiping one’s finger in either a vertical or horizontal line across three colored squares allows the sides to “turn.” Other features include Hint, Solve, Scramble, Undo, Sound Control and On/Off modes. The TouchCube also contains an internal rechargeable battery and while in its recharging stand automatically twists and turns, scrambling itself in “Display Mode” for 15 minutes before shutting down. The Rubik’s TouchCube is considered a puzzle and puzzles are specifically provided for in the tariff provision for toys.

CBP rationale

The applicable subheading for the Rubik’s TouchCube 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.

Full text

N062435 June 11, 2009 CLA-2-95 OT:RR:NC:N4:424 CATEGORY: Classification TARIFF NO.: 9503.00.0080 Ms. Amy Bogin Techno Source 20 West 22nd St., Suite 1101 New York, NY 10010 RE: The tariff classification of the Rubik’s TouchCube from China Dear Ms. Bogin: In your letter dated May 27, 2009, you requested a tariff classification ruling. A sample of the Rubik’s TouchCube was received with your request. The item is an electronic version of the original Rubik’s, consisting of 6 touch sensitive panels containing 216 LEDs and an internal speaker. The TouchCube contains a tilt-sensing, motion detecting accelerometer which only recognizes moves made on the top side of the Cube, so that one’s fingers will not accidentally move the other light cubes. Instead of manually turning the sides, swiping one’s finger in either a vertical or horizontal line across three colored squares allows the sides to “turn.” Other features include Hint, Solve, Scramble, Undo, Sound Control and On/Off modes. The TouchCube also contains an internal rechargeable battery and while in its recharging stand automatically twists and turns, scrambling itself in “Display Mode” for 15 minutes before shutting down. The Rubik’s TouchCube is considered a puzzle and puzzles are specifically provided for in the tariff provision for toys. The applicable subheading for the Rubik’s TouchCube 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/. Importations of this product may be subject to the provisions of Section 133 of the Customs Regulations if they copy or simulate a registered trademark, trade name or copyright recorded with U.S. Customs and Border Protection. If you are an authorized importer of the product we recommend notifying your local CBP office prior to importation. 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

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