N069255 N0 Ruling Active

The tariff classification of Spy Toys, Walkie Talkies and Metal Detector from China

Issued August 6, 2009 by U.S. Customs and Border Protection.

Tariff classification

HTS codes: 9503.00.0080

Headings: 9503

Product description

In addition, samples of “Walkie Talkies,” item number 55001, and “Metal Detector,” item number 55002, from your “Kid Quest” line were also received. The “Evidence Kit” includes lifting tape, 2 plastic collection bags, a microscope, a LED flashlight/UV black light, a dusting brush, tweezers, glow-in-the-dark powder, inkpad and a fingerprint ID card. All the components are contained in a fitted plastic case. The parts of the kit are of toy quality construction and while the individual items function to a limited degree, the product is designed for a child pretending to be a spy. The toy is marketed for the amusement of children ages six and up. The “Lazer Tripwire” allows a child to pretend to be a spy by creating a “high tech security system.” The item includes a master unit that emits an invisible beam between each of the two satellite units. When someone crosses the line, the alarm sounds. The Lazer Tripwire is not a true laser product but operates with harmless red light beams. The toy is designed for the amusement of children ages six and up. The “Secret Agent Briefcase” rotates open to reveal the interior of the briefcase that contains three different spy tools. The briefcase’s handle transforms into a removable dart blaster. Also included are a miniature spy scope and flashlight that emits a red beam. The briefcase also incorporates several play features such as a hidden compartment for three darts and other spy accessories. The spy scope also fits into a slot on the briefcase to read spy documents. The toy is designed for the amusement of children ages six and up. The “Walkie Talkies” are packaged as a pair and each operates on a 9 volt battery. The walkie talkies include an on/off control, a flexible antenna and are printed with the line’s brand name, “Kid Quest.” The transmission is limited to approximately 75 feet. Based on the item’s limited range and construction, the walkie talkies are primarily designed for the amusement of children. Lastly, the “Metal

CBP rationale

The applicable subheading for the “Evidence Kit,” “Lazer Tripwire,” “Secret Agent Briefcase,” “Walkie Talkies” and “Metal Detector” 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

N069255 August 6, 2009 CLA-2-95:OT:RR:NC:N4:424 CATEGORY: Classification TARIFF NO.: 9503.00.0080 Ms. Amy Schmerl Wild Planet Entertainment, Inc. 225 Bush Street, Suite 1300 San Francisco, CA 94104 RE: The tariff classification of Spy Toys, Walkie Talkies and Metal Detector from China Dear Ms. Schmerl: In your letter dated July 22, 2009, you requested a tariff classification ruling. Three samples from the “Spy Gear” line of products were received with your inquiry and included the “Evidence Kit,” item number 70277, the “Lazer Tripwire,” item number 70278, and “Secret Agent Briefcase,” item number 70279. In addition, samples of “Walkie Talkies,” item number 55001, and “Metal Detector,” item number 55002, from your “Kid Quest” line were also received. The “Evidence Kit” includes lifting tape, 2 plastic collection bags, a microscope, a LED flashlight/UV black light, a dusting brush, tweezers, glow-in-the-dark powder, inkpad and a fingerprint ID card. All the components are contained in a fitted plastic case. The parts of the kit are of toy quality construction and while the individual items function to a limited degree, the product is designed for a child pretending to be a spy. The toy is marketed for the amusement of children ages six and up. The “Lazer Tripwire” allows a child to pretend to be a spy by creating a “high tech security system.” The item includes a master unit that emits an invisible beam between each of the two satellite units. When someone crosses the line, the alarm sounds. The Lazer Tripwire is not a true laser product but operates with harmless red light beams. The toy is designed for the amusement of children ages six and up. The “Secret Agent Briefcase” rotates open to reveal the interior of the briefcase that contains three different spy tools. The briefcase’s handle transforms into a removable dart blaster. Also included are a miniature spy scope and flashlight that emits a red beam. The briefcase also incorporates several play features such as a hidden compartment for three darts and other spy accessories. The spy scope also fits into a slot on the briefcase to read spy documents. The toy is designed for the amusement of children ages six and up. The “Walkie Talkies” are packaged as a pair and each operates on a 9 volt battery. The walkie talkies include an on/off control, a flexible antenna and are printed with the line’s brand name, “Kid Quest.” The transmission is limited to approximately 75 feet. Based on the item’s limited range and construction, the walkie talkies are primarily designed for the amusement of children. Lastly, the “Metal Detector” is a working child-sized device. The item includes a sensitivity dial and a red and green LED indicator. When a metal object is found the metal detector beeps and the green LED indicator lights up. The item is constructed of plastic and comes with a 27 inch handle assembly that can be removed so that the metal detector can also be used in a hand-held mode. Based on the Metal Detector’s appearance, construction and limited capabilities, it is primarily designed for the amusement of children as it is distinguishable from a real metal detector. The applicable subheading for the “Evidence Kit,” “Lazer Tripwire,” “Secret Agent Briefcase,” “Walkie Talkies” and “Metal Detector” 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/. 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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