The tariff classification of a Rocket-Blaster toy, a Guess My Picture game and a Hyper Dash Extreme game from China

N122556 October 4, 2010 CLA-2-95:OT:RR:NC:N4:424 CATEGORY: Classification TARIFF NO.: 9503.00.0080; 9504.90.6000; 9504.90.9080 Ms. Amy Schmerl Wild Planet Entertainment, Inc. 225 Bush St., Suite 1300 San Francisco, CA 94104 RE: The tariff classification of a Rocket-Blaster toy, a Guess My Picture game and a Hyper Dash Extreme game from China Dear Ms. Schmerl: In your letter dated August 31, 2010, you requested a tariff classification ruling. Samples of the Rocket-Blaster, item # 70324, the Crayola Guess My Picture, item # 66004 and the Hyper Dash Extreme, item # 46017, were received with your inquiry. The first item, the Rocket-Blaster, part of the “Spy Gear” product line, is a rocket launcher that releases foam rockets into the air. The long-range launcher includes a shoulder mount, a sight with crosshairs, a launch port, a trigger, a pump-action handle, foam rockets and a rocket storage clip. The toy is designed to simulate actual spy equipment and is intended for the amusement of children 6 years and older. The second product, the Crayola Guess My Picture, is a board game designed for children of 4 years and older. The game equipment includes a game board with 3 printed-on frames, photo cards depicting different objects, color shapes to build a likeness of the photo card picture and star cards. The player who is the artist picks 6 photo cards and decides on 3 photos that he will copy. The other players cannot watch when the artist picks his photo cards. The artist creates his 3 pictures, using the color shapes, within the 3 frames on the board. Each of the other players, called guessers, take turns matching the pictures made by the artist with the game’s photo cards. A correct guess earns a star card for both the guesser and the artist. Each player takes a turn being an artist, picking new photos to copy each time. The player who accumulates the most star cards wins the game. The third product, Hyper Dash Extreme, consists of a battery-operated game unit, or tagger, and 6 brightly colored game pieces, or targets, printed with numbers 1 to 6. The game unit incorporates instructions and rules for 4 games: Hyper Dash Extreme, Quick Dash, Mathema-Dash and Freestyle Dash. All the games require that the players tag the right target as quickly as they can, following the rules of the particular game that is being played. The game unit keeps track of all the times and announces the winners. The game unit is the official judge of the winner in each game. The game is geared for children ages 6 years and older. Your samples will be returned as requested. The applicable subheading for the Rocket-Blaster 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 the Crayola Guess My Picture will be 9504.90.6000, HTSUS, which provides for “Articles for arcade, table or parlor games…; parts and accessories thereof: Other: Other: Chess, checkers, parchisi, backgammon, darts and other games played on boards of a special design, all the foregoing games and parts thereof (including their boards);…poker chips and dice.” The rate of duty will be free. The applicable subheading for the Hyper Dash Extreme game will be 9504.90.9080, HTSUS, which provides for “Articles for arcade, table or parlor games…; parts and accessories thereof: Other: 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). Your inquiry does not provide enough information for us to issue a classification ruling on the Security Scanner, item # 70321, and the Lie Detector Kit, item # 70320. Please submit additional information as indicated below. Please submit a sample of each product, the Security Scanner and the Lie Detector Kit, in its retail packaging. Please note that the packages associated with these products, for the instant inquiry, were received empty. If you decide to resubmit your request, please include a copy of your original letter, as well as the requested samples. 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