The tariff classification of a “Lightsabre Room Light” and a “Fireworks Light Show” from China

N171649 July 15, 2011 CLA-2-95:OT:RR:NC:N4:424 CATEGORY: Classification TARIFF NO.: 9503.00.0073 Mr. Dennis Morse BDP International, Inc. 2721 Walker Avenue N.W. Grand Rapids, MI 49504 RE: The tariff classification of a “Lightsabre Room Light” and a “Fireworks Light Show” from China Dear Mr. Morse: In your letter dated June 14, 2011, you requested a tariff classification ruling on behalf of Meijer Distribution. Samples of two items were received with your inquiry. The first item is the “Lightsabre Room Light - Luke Skywalker Edition,” item number 15045-3, based on the weapon used in the Star Wars films. By following the enclosed instructions, the plastic lightsabre is designed to be assembled by a child in order to complete their Jedi “training.” Once assembled, the item is to be mounted to a wall by sliding the wall plate, which is permanently attached to the hilt of the lightsabre, to the wall mounting bracket. The green LED light on the lightsabre is activated by either pressing the activation switch on the hilt or using the wireless infrared remote control which is sold with the item. When the light is turned on and off, the item emits authentic lightsabre sound effects. Five AAA batteries (not included) are needed for operation – three for the light and two for the remote control. The illumination from the lightsabre is of limited use due to its dimness, as it does not provide sufficient light. The toy room lamp is principally designed for amusement of children six years of age and up. The second item is the “Fireworks Light Show,” item number 2170-2. The item is a handheld battery-operated projector which uses a LED bulb to project various images of various fireworks exploding in midair. In order to “launch” a firework, a child would rotate the firework selector on the side of the item and then “pump” or pull back the lower grip to shoot the firework and wait to hear the launch sound effect. Finally, after the “booming” launch sound effect, pulling the trigger on the launcher’s handle makes the firework expand and “burst.” Children six years of age and up will derive amusement using the item to create their own firework show. The samples will be returned, as requested. The applicable subheading for the “Lightsabre Room Light” and the “Fireworks Light Show” will be 9503.00.0073, 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… ‘Children’s products’ as defined in 15 U.S.C. § 2052: Other: Labeled or determined by importer as intended for use by persons: 3 to 12 years of age.” 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