The tariff classification of a three “Screamer Bodies with Light and Sound” from China. Correction to Ruling Number N169837.

N175296 July 19, 2011 CLA-2-95:OT:RR:NC:N4:424 CATEGORY: Classification TARIFF NO.: 9503.00.0073 Ms. Irene Tsiavos Fun World 80 Voice Road Carle Place, NY 11514 RE: The tariff classification of a three “Screamer Bodies with Light and Sound” from China. Correction to Ruling Number N169837. Dear Ms. Tsiavos: This letter replaces New York Ruling N169837, dated July 5, 2011. The tariff number referenced was not valid on the date the letter was issued. In addition, based on the new language in the tariff, you alerted this office that the age appropriateness of the products is now between the ages of 3 and 12. A complete corrected ruling follows. In your letter dated June 3, 2011 you requested a tariff classification. Samples of the “Ghost Face Pocket Screamers with Light and Sound,” item number 91716, were received with your inquiry. This assortment contains three styles of characters and each is constructed of a soft, squeezable plastic. The first character is called “White Face with Black Robe.” It measures 4½” in height, as do all three characters, and when it is squeezed the face lights up and it emits a scary combination scream and howling sound. The second and third characters are identified as “Bone Face with Black Robe” and “All Brown,” respectively. They both respond exactly the same as the previous style, when squeezed. One sample will be retained for reference purposes. The applicable subheading for the three “Ghost Face Pocket Screamers with Light and Sound” 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/. 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. 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