The tariff classification of various “Spooky Lite Sticks” from China

N155219 April 11, 2011 CLA-2-95:OT:RR:NC:N4:424 CATEGORY: Classification TARIFF NO.: 9503.00.0083 Ms. Irene Tsiavos Easter Unlimited, Inc. Fun-World 80 Voice Road Carle Place, NY 11514 RE: The tariff classification of various “Spooky Lite Sticks” from China Dear Ms. Tsiavos: In your letter dated March 18, 2011, you requested a tariff classification ruling. Four samples of the product, referred to as a “Spooky Lite Stick Assortment,” item # 91735, were received with your inquiry. The item is comprised of a foam cylindrical rod measuring approximately 16” in length that encases LED lights inside its length. When the user pushes a small button at the base of the stick, it activates the flashing lights and displays an array of color changes. The patterns of the lights and their color changes may be adjusted by pushing the aforementioned button for different effects. The stick will be made in four printed designs: skeletons, ghosts and skulls, bats and witches and the grim reaper. The product is designed for the amusement of children of 8 years of age and older. The sample will be returned as requested. The applicable subheading for the “Spooky Lite Stick Assortment” will be 9503.00.0083, 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: Labeled for use by persons 3 to 12 years of age.” The rate of duty will be free. The “Spooky Lite Stick” with the design described as the grim reaper bears a resemblance to the mask used in the “Scream” films. As a result, importations of this product may be subject to the provisions of Section 133 of the Customs Regulations if they copy or simulate a registered trademark, trade name or copyright recorded with U.S. Customs and Border Protection. If you are an authorized importer of the product we recommend notifying your local CBP office prior to importation. 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