The tariff classification of five Orbeez activity kits from China
Issued May 9, 2012 by U.S. Customs and Border Protection.
Tariff classification
HTS codes: 9503.00.0073
Headings: 9503
Product description
A photograph of the Orbeez “Flower Power Light Show” (item #47150) was also received. Orbeez are small round super-absorbent pellets that when placed in water become translucent squishy orbs growing to 100 times their volume. They come in more than 12 colors. The hollow plastic star, heart, flower and globe shaped receptacles each fit into a base which provides illumination to the Orbeez. They require 3 AAA batteries that are not included. In the “Magic Light-Up Globe” and “Flower Power Light Show” kits water can be added to the receptacle. There is a small motor that spins the water and orbs giving a glowing “disco light” effect. The pendants are worn around the neck with a lanyard that is contained within the kit. They are illuminated by a small button-cell battery that is included. Children five years of age and older will derive amusement from these five kits by choosing the different color orbs, watching them grow in water and designing their own illuminated Orbeez creation. Each item’s amusement value is greater than the utilitarian value of the finished product.
CBP rationale
The applicable subheading for the five Orbeez activity kits 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
N213544 May 9, 2012 CLA-2-95:OT:RR:NC:N4:424 CATEGORY: Classification TARIFF NO.: 9503.00.0073 Ms. Vilma Duarte ClearFreight Inc. 880 Apollo Street, Suite #101 El Segundo, CA 90245 RE: The tariff classification of five Orbeez activity kits from China Dear Ms. Duarte: In your letter dated April 10, 2012, you requested a tariff classification ruling on behalf of The Maya Group. A sample of the Orbeez “Light-Up Star” (item #47100), “Light-Up Heart” (item #47090), “Light-Up Pendants” (item #47160), and “Magic Light-Up Globe” (item #47140) were received with your inquiry. A photograph of the Orbeez “Flower Power Light Show” (item #47150) was also received. Orbeez are small round super-absorbent pellets that when placed in water become translucent squishy orbs growing to 100 times their volume. They come in more than 12 colors. The hollow plastic star, heart, flower and globe shaped receptacles each fit into a base which provides illumination to the Orbeez. They require 3 AAA batteries that are not included. In the “Magic Light-Up Globe” and “Flower Power Light Show” kits water can be added to the receptacle. There is a small motor that spins the water and orbs giving a glowing “disco light” effect. The pendants are worn around the neck with a lanyard that is contained within the kit. They are illuminated by a small button-cell battery that is included. Children five years of age and older will derive amusement from these five kits by choosing the different color orbs, watching them grow in water and designing their own illuminated Orbeez creation. Each item’s amusement value is greater than the utilitarian value of the finished product. The applicable subheading for the five Orbeez activity kits 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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