The tariff classification of the "Beyblade Metal Fusion Gear Pack" from China

N117256 August 16, 2010 CLA-2-95:OT:RR:NC:N4:424 CATEGORY: Classification TARIFF NO.: 9503.00.0080 Ms. Maria Borges Hasbro, Inc. 1027 Newport Avenue Pawtucket, RI 02861 RE: The tariff classification of the “Beyblade Metal Fusion Gear Pack” from China Dear Ms. Borges: In your letter dated July 27, 2010, you requested a tariff classification ruling. A sample of the “Beyblade Metal Fusion Gear Pack,” item number 27093, was received with your inquiry. The item contains a Metal Fusion Dark Gasher top, launcher, ripcord and tool. The items are packaged and sold in a Beyblade themed fabric case, measuring approximately 8” x 5” x 3”, with a plastic tray with specially shaped internal compartments permanently affixed to the inside. General Rule of Interpretation (GRI) 5(a) of the Harmonized Tariff Schedule of the United States (HTSUS) provides that containers which are specially shaped or fitted to contain a specific article or set of articles, are suitable for long-term use and are entered with the article for which they are intended, shall be classified with such articles when of a kind normally sold therewith. The case is specially shaped and fitted to hold only the Beyblade toy top and accompanying accessories. While this class of toy is not normally sold with a case, it is specifically manufactured to be used together with the toys and is only sold with the toys it is designed to contain. It will not be sold separately and there are no other significant uses for this case. Having satisfied the requirements of a GRI 5(a), the fabric case will be classified with the toy items in Chapter 95. The applicable subheading for the “Beyblade Metal Fusion Gear Pack” will be 9503.00.0080, 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 playmate 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