N201597 N2 Ruling Active

The tariff classification of an inflatable balloon ball car kit from China

Issued February 21, 2012 by U.S. Customs and Border Protection.

Tariff classification

HTS codes: 3926.90.7500

Headings: 3926

Product description

The kit consists of three parts: an inflatable balloon ball made of durable vinyl plastic sheeting, a metal pole and a window/car holder. The balloon ball incorporates a plastic female type threaded connector base. The metal pole incorporates a plastic male type threaded connector that attaches to the connector in the base of the balloon ball. The window/car holder is an ABS plastic mount that attaches on one side to the metal pole and on the other side to the window of a car. The balloon ball kit is designed to be mounted on a car window and used for advertising or promotional events. The balloon ball is air inflated through the inflation valve. Some of the balloons will be imported with an imprinted message. The balloons that are imported without printing may be pad printed after importation with customer specific messages. You suggest classification in heading 9503, Harmonized Tariff Schedule of the United States (HTSUS), as a toy balloon. However this balloon ball kit does not belong to the same class or kind of merchandise as balloons designed for the amusement of children. It is an inflatable balloon designed for promotional purposes such as advertising a car dealership, a real estate open house or a sale event.

CBP rationale

The applicable subheading for the inflatable balloon ball car kit will be 3926.90.7500, HTSUS, which provides for other articles of plastics…pneumatic mattresses and other inflatable articles, not elsewhere specified or included.

Full text

N201597 February 21, 2012 CLA-2-39:OT:RR:NC:N4:421 CATEGORY: Classification TARIFF NO.: 3926.90.7500 Ms. Hollie Blakeley Galaxy Balloons, Inc. 1221 Page Street Kewanee, IL 61443 RE: The tariff classification of an inflatable balloon ball car kit from China Dear Ms. Blakeley: In your letter dated January 24, 2012, you requested a tariff classification ruling. A sample of the inflatable balloon ball car kit was submitted with your letter and is being returned as requested. The kit consists of three parts: an inflatable balloon ball made of durable vinyl plastic sheeting, a metal pole and a window/car holder. The balloon ball incorporates a plastic female type threaded connector base. The metal pole incorporates a plastic male type threaded connector that attaches to the connector in the base of the balloon ball. The window/car holder is an ABS plastic mount that attaches on one side to the metal pole and on the other side to the window of a car. The balloon ball kit is designed to be mounted on a car window and used for advertising or promotional events. The balloon ball is air inflated through the inflation valve. Some of the balloons will be imported with an imprinted message. The balloons that are imported without printing may be pad printed after importation with customer specific messages. You suggest classification in heading 9503, Harmonized Tariff Schedule of the United States (HTSUS), as a toy balloon. However this balloon ball kit does not belong to the same class or kind of merchandise as balloons designed for the amusement of children. It is an inflatable balloon designed for promotional purposes such as advertising a car dealership, a real estate open house or a sale event. The applicable subheading for the inflatable balloon ball car kit will be 3926.90.7500, HTSUS, which provides for other articles of plastics…pneumatic mattresses and other inflatable articles, not elsewhere specified or included. The rate of duty will be 4.2 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 Joan Mazzola at (646) 733-3023. Sincerely, Thomas J. Russo Director National Commodity Specialist Division

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