The tariff classification of a sock puppet from China
Issued June 4, 2013 by U.S. Customs and Border Protection.
Tariff classification
HTS codes: 9503.00.0073
Headings: 9503
GRI rules applied: GRI 2(a)
Product description
The item is a polyester knit sock with a black colored portion representing the mouth. Beneath this black portion is a sewn-in plastic insert that gives definition and structure to the mouth, allowing the puppeteer the ability to make expressions. They are imported both as part of a kit to make a puppet or alone as part of a three-pack of various colored unfinished sock puppets. It is the latter scenario in which you seek classification advice and whether it can be classified as a toy. GRI 2(a) states that "any reference in a heading to an article shall be taken to include a reference to that article incomplete or unfinished, provided that, as entered, the incomplete or unfinished article has the essential character of the complete or finished article." In its imported condition, the unfinished sock puppet is constructed in a manner in which it possesses the essential character of a finished toy puppet.
CBP rationale
The applicable subheading for the unfinished “Sockpal Puppets” 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
N242045 June 4, 2013 CLA-2-95:OT:RR:NC:N4:424 CATEGORY: Classification TARIFF NO.: 9503.00.0073 Ms. Colleen O’Shea-Moran Darice Inc. 13000 Darice Parkway Park 82 Strongsville, OH 44149 RE: The tariff classification of a sock puppet from China Dear Ms. O’Shea-Moran: In your letter dated May 10, 2013, you requested a tariff classification ruling on behalf of Lamrite West, Inc. A sample of an item identified as the “Sockpal Puppets” was received with your inquiry. The item is a polyester knit sock with a black colored portion representing the mouth. Beneath this black portion is a sewn-in plastic insert that gives definition and structure to the mouth, allowing the puppeteer the ability to make expressions. They are imported both as part of a kit to make a puppet or alone as part of a three-pack of various colored unfinished sock puppets. It is the latter scenario in which you seek classification advice and whether it can be classified as a toy. GRI 2(a) states that "any reference in a heading to an article shall be taken to include a reference to that article incomplete or unfinished, provided that, as entered, the incomplete or unfinished article has the essential character of the complete or finished article." In its imported condition, the unfinished sock puppet is constructed in a manner in which it possesses the essential character of a finished toy puppet. The applicable subheading for the unfinished “Sockpal Puppets” 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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