The tariff classification of an Animated Butterfly with Built-in Black Light from China

N065061 June 22, 2009 CLA-2-85:OT:RR:NC:N1:112 CATEGORY: Classification TARIFF NO.: 8543.70.9650 Ms. Heather Mooney QVC, INC. 1200 Wilson Drive West Chester, PA 19380-4262 RE: The tariff classification of an Animated Butterfly with Built-in Black Light from China Dear Ms. Mooney: In your letter which was received by this office on June 15, 2009, you requested a tariff classification ruling. The items which you submitted are being returned to you as requested. The item subject to this ruling is an Animated Butterfly with Built-in Black Light (Item # H17207). The item consists of a battery operated animated butterfly mounted on a rock. On each side of the butterfly are two built-in LED black lights which illuminate the butterfly’s wings. Within the body of the butterfly is a third LED light which is used to illuminate the body of the butterfly. The butterfly’s body and wings, as well as the rock on which it is perched, are all made of plastic. Within the plastic housing there are various electrical components. The rock portion of the device incorporates an On/Off switch, a sleep timer switch and an AC adapter jack (actual AC power adapter not included). There are four available positions on the sleep timer switch, 15 minutes, 30 minutes, 60 minutes and continuous. The item operates on 3 “AAA” batteries which are not included with the item. A built-in utility clip is located on the underside of the unit. This allows the user to clip the butterfly to an item, such as a book cover, backpack, etc. In use, once turned on, the butterfly would begin to slowly flap its wings as the three built-in lights illuminated the butterfly’s wings and body. To use the sleep timer function, the user would select a time period of 15, 30 or 60 minutes then slide the On/Off switch to the ON position. The butterfly will then automatically shut off after the selected period of time. When the user wants the butterfly to operate continuously, the sleep timer switch would be slide to the position marked CONT. The item will be sold as a set of two and will be available in different colors. The applicable subheading for the Animated Butterfly with Built-in Black Light (Item # H17207) will be 8543.70.9650, Harmonized Tariff Schedule of the United States (HTSUS), which provides for “Electrical machines and apparatus…: Other machines and apparatus: Other: Other: Other: Other”. The rate of duty will be 2.6%. 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). 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 Steven M. Pollichino at (646) 733-3008. Sincerely, Robert B. Swierupski Director National Commodity Specialist Division