The tariff classification of various toys and games from China

N068505 August 6, 2009 CLA-2-95:OT:RR:NC:N4:424 CATEGORY: Classification TARIFF NO.: 9503.00.0080, 9504.90.9080 Ms. Amy Schmerl Wild Planet Entertainment, Inc. 225 Bush Street, Suite 1300 San Francisco, CA 94104 RE: The tariff classification of various toys and games from China Dear Ms. Schmerl: In your letter dated July 6, 2009, you requested a tariff classification ruling. Samples of the “Skeleflex Battle Pack: Dino vs. Alien,” “Hyper Blast,” “1-2-3 Stomp!,” “Mickey’s Mouse-ke-Tag” and “Crayola Crayon Town: Horse Ranch” were received with your inquiry. The “Skeleflex Battle Pack: Dino vs. Alien,” item number 57056, is a ball-and-socket building system that allows a child to build two complete skeleton creatures, a dinosaur and alien. The toy is for children ages seven and up. “Hyper Blast,” item number 46012, consists of five different colored balls numbered 1 through 5 that are specially-shaped to fit only in their designated slot in the Hyper Blast battery-operated game unit. The object of the game is to follow the commands called out from the game unit to score the fastest time by racing for the correct numbers. If a colored/numbered ball is placed in the game unit in the wrong sequence, the player must step on the “Blast” button to launch the balls, chase them and start over. There are four different games modes, such as double-digits and math games, where players can advance to the next level by completing the various sequences or math challenges. The game is designed for children six years and older. “1-2-3 Stomp!,” item number 46101, consists of a battery-operated game unit that contains specially-fitted slots for the numbers 1 through 10. The object of the game after launching the numbers by hitting the “Stomp!” button is to follow the commands called out from the game unit to score the fastest time by finding and placing the correct numbers on the unit. The are four different game modes that provide various counting and math challenges. The game is designed for children three years and older. “Mickey’s Mouse-ke-Tag,” item number 46102, consists of a “Clubhouse tagger” and four game pieces in the shape of Mickey Mouse, Donald Duck, Minnie Mouse and Goofy. The players set up the game pieces and listen to the clues from the tagger. In responding to the clues, the player who tags the most game pieces wins. The game is designed for children three years and older. “Crayola Crayon Town: Horse Ranch,” item number 67007, is an activity play set consisting of a plastic cowboy, horse, cart, pony and horse jump stand. In addition, two coloring mats, a “fold and build” stable and fences and four crayons are also included. While the crayons and coloring mats are not toys, the combination of the articles included in the Horse Ranch indicates the principal use of the items together is for the amusement of children. Once a child colors the coloring mats and stable and fences, the child has created his/her own play environment for the cowboy, horse, cart and pony. The applicable subheading for the “Skeleflex Battle Pack: Dino vs. Alien” and the “Crayola Crayon Town: Horse Ranch” 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. The applicable subheading for “Hyper Blast,” “1-2-3 Stomp!” and “Mickey’s Mouse-ke-Tag” will be 9504.90.9080, Harmonized Tariff Schedule of the United States (HTSUS), which provides for “Articles for arcade, table or parlor games including pinball machines, bagatelle, billiards and special tables for casino games…parts and accessories thereof: Other: 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). 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