N213250 N2 Ruling Active

The tariff classification of the Nerf Super Soaker Water Pack from China

Issued May 3, 2012 by U.S. Customs and Border Protection.

Tariff classification

HTS codes: 9503.00.0073

Headings: 9503

Product description

The Water Pack is a vest-like article that is designed to be worn by a child and used in conjunction with a Super Soaker Water Blaster to carry extra ammunition (water) for the blaster. It is constructed of a nylon outer shell that encases a non-removable 100 oz. water reservoir. The front of the item is printed with the words “Super Soaker Ammo” in large letters and contains a plastic cap that unscrews in order to fill the water reservoir. The back of the Water Pack has shoulder flaps connected to straps for an adjustable fit. A flexible tube, measuring approximately 2 ½ ft, protrudes from the bottom of the Water Pack. It transports the water from the reservoir to a specially designed plastic housing with special fittings that connects to a Super Soaker Water Blaster. A clip on the back of the plastic housing allows it to attach to one’s belt or waist. You requested the classification of the Water Pack when imported alone and when sold together with a Super Soaker Water Blaster. The classification of the Water Pack will be the same in both scenarios. The Water Pack is principally designed for the amusement of children 6 years of age and older. When imported alone it is an identifiable accessory solely used with the Super Soaker Water Blaster toy to enhance and lengthen play during water battles and has no other use. The Water Pack is not considered to be an article of wearing apparel or clothing accessory.

CBP rationale

The applicable subheading for the Nerf Super Soaker Water Pack 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.

Full text

N213250 May 3, 2012 CLA-2-95:OT:RR:NC:N4:424 CATEGORY: Classification TARIFF NO.: 9503.00.0073 Ms. Connie Rose Hasbro, Inc. 200 Narragansett Park Drive P.O. Box 200 Pawtucket, RI 02862-0200 RE: The tariff classification of the Nerf Super Soaker Water Pack from China Dear Ms. Rose: In your letter dated April 3, 2012, you requested a tariff classification ruling. A sample of the Water Pack, part of the Nerf Super Soaker line, was received with your inquiry. The Water Pack is a vest-like article that is designed to be worn by a child and used in conjunction with a Super Soaker Water Blaster to carry extra ammunition (water) for the blaster. It is constructed of a nylon outer shell that encases a non-removable 100 oz. water reservoir. The front of the item is printed with the words “Super Soaker Ammo” in large letters and contains a plastic cap that unscrews in order to fill the water reservoir. The back of the Water Pack has shoulder flaps connected to straps for an adjustable fit. A flexible tube, measuring approximately 2 ½ ft, protrudes from the bottom of the Water Pack. It transports the water from the reservoir to a specially designed plastic housing with special fittings that connects to a Super Soaker Water Blaster. A clip on the back of the plastic housing allows it to attach to one’s belt or waist. You requested the classification of the Water Pack when imported alone and when sold together with a Super Soaker Water Blaster. The classification of the Water Pack will be the same in both scenarios. The Water Pack is principally designed for the amusement of children 6 years of age and older. When imported alone it is an identifiable accessory solely used with the Super Soaker Water Blaster toy to enhance and lengthen play during water battles and has no other use. The Water Pack is not considered to be an article of wearing apparel or clothing accessory. The applicable subheading for the Nerf Super Soaker Water Pack 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, Thomas J. Russo Director National Commodity Specialist Division

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