The tariff classification of an Alien Robots Kit from China
Issued November 15, 2011 by U.S. Customs and Border Protection.
Tariff classification
HTS codes: 9503.00.0073
Headings: 9503
GRI rules applied: GRI 3
Product description
The submitted product is comprised of two small motors, two short wires, two battery holders, twenty five cardboard model punch outs, four foam disks, one plastic hoop, one plastic propeller and two plastic disks. The foregoing components are packaged and sold within the covers of a book that incorporates a 30 page book with science facts and experiments, as well as instructions on how to build six different alien robots. In your request you suggest that the Alien Robots Kit should be classified as a set under subheading 4903.00.0000, Harmonized Tariff Schedule of the United States (HTSUS), as a printed children’s book. While this office considers the Alien Robots Kit to be a GRI 3 (b) set for the purposes of the tariff, in this case the essential character is imparted by the Alien Robots components. The set will be classified as a toy in Chapter 95 as it is principally designed for the amusement of children eight years of age and up.
CBP rationale
The applicable subheading for the Alien Robots Kit will be 9503.00.0073, 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.
Full text
N189203 November 15, 2011 CLA-2-95:OT:RR:NC:N4:424 CATEGORY: Classification TARIFF NO.: 9503.00.0073 Mr. Jeffrey Carlson Penguin Group (USA) 405 Murray Hill Parkway East Rutherford, NJ 07073-2136 RE: The tariff classification of an Alien Robots Kit from China Dear Mr. Carlson: In your letter received October 5, 2011, you requested a tariff classification ruling. A sample of the Alien Robots Kit was submitted with your inquiry. The submitted product is comprised of two small motors, two short wires, two battery holders, twenty five cardboard model punch outs, four foam disks, one plastic hoop, one plastic propeller and two plastic disks. The foregoing components are packaged and sold within the covers of a book that incorporates a 30 page book with science facts and experiments, as well as instructions on how to build six different alien robots. In your request you suggest that the Alien Robots Kit should be classified as a set under subheading 4903.00.0000, Harmonized Tariff Schedule of the United States (HTSUS), as a printed children’s book. While this office considers the Alien Robots Kit to be a GRI 3 (b) set for the purposes of the tariff, in this case the essential character is imparted by the Alien Robots components. The set will be classified as a toy in Chapter 95 as it is principally designed for the amusement of children eight years of age and up. The applicable subheading for the Alien Robots Kit will be 9503.00.0073, 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
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