N156855 N1 Ruling Active

The tariff classification of a plastic musical crayon caddy from China

Issued April 22, 2011 by U.S. Customs and Border Protection.

Tariff classification

HTS codes: 3924.90.5650

Headings: 3924

Product description

The submitted sample is identified as a “Made by Me Musical Crayon Caddy”, Mattel product number W2994. It is a plastic open top storage bucket with a loop carry handle attached to the top. It is designed for the purpose of storing crayons which are not included. It has the capacity to hold over 100 loose crayons. Not including the handle this item measures approximately 5½” high and approximately 8” high including the handle. It also measures approximately 4¾” from front to back and approximately 7” from side to side. The item features an electronic sound-producing component that plays “songs and fun sounds” that are triggered by an “LED ‘break the beam’ sensor” that is activated when the child reaches into the bucket. As you requested, the sample will be returned to you. You have suggested that this item is correctly classified as a toy in subheading 9503.00.0081. However, this office does not agree that this item is a toy, as it is not primarily designed for amusement. Any amusement that the item may provide is incidental to its utilitarian purpose of providing storage and portability to crayons.

Full text

N156855 April 22, 2011 CLA-2-39:OT:RR:NC:N4:422 CATEGORY: Classification TARIFF NO.: 3924.90.5650 Ms. Lisa Shafran Mattel, Inc. Mail Stop M1-1420 888 Continental Blvd El Segundo, CA 90245 RE: The tariff classification of a plastic musical crayon caddy from China Dear Ms. Shafran: In your letter dated March 23, 2011, you requested a tariff classification ruling. The submitted sample is identified as a “Made by Me Musical Crayon Caddy”, Mattel product number W2994. It is a plastic open top storage bucket with a loop carry handle attached to the top. It is designed for the purpose of storing crayons which are not included. It has the capacity to hold over 100 loose crayons. Not including the handle this item measures approximately 5½” high and approximately 8” high including the handle. It also measures approximately 4¾” from front to back and approximately 7” from side to side. The item features an electronic sound-producing component that plays “songs and fun sounds” that are triggered by an “LED ‘break the beam’ sensor” that is activated when the child reaches into the bucket. As you requested, the sample will be returned to you. You have suggested that this item is correctly classified as a toy in subheading 9503.00.0081. However, this office does not agree that this item is a toy, as it is not primarily designed for amusement. Any amusement that the item may provide is incidental to its utilitarian purpose of providing storage and portability to crayons. The applicable subheading for Mattel product number W2994 will be 3924.90.5650, Harmonized Tariff Schedule of the United States (HTSUS), which provides for…other household articles…of plastics: other: other…other. The rate of duty will be 3.4 percent ad valorem. 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 Gary Kalus at (646) 733-3055. Sincerely, Robert B. Swierupski Director National Commodity Specialist Division

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