The tariff classification of three spy toys from China

N243186 July 16, 2013 CLA-2-95:OT:RR:NC:N4:424 CATEGORY: Classification TARIFF NO.: 9503.00.0073 Ms. Sarah Cleary C.H. Robinson International, Inc. 1800 Nicholas Boulevard Elk Grove Village, IL 60007 RE: The tariff classification of three spy toys from China Dear Ms. Cleary: In your letter dated June 6, 2013, you requested a tariff classification ruling on behalf of your client, Spin Master Inc. Three samples from the “Spy Gear” line of products were received with your inquiry. The first item is the “Spy Specs Video Glasses.” The “spy” glasses are constructed predominantly of plastic and appear to imitate sunglasses. The arms of the glasses are extremely thick and are emblazoned with the large initials “SG” for “Spy Gear.” Embedded in the frame of the glasses between the eyes is a camera, which captures both still images and videos. Included in each retail package are a USB cable and an instruction guide which describes how the child can transfer the recordings from the glasses onto a computer. While the item is able to capture images and video, the item’s appearance, construction and limited capabilities (low resolution images, short battery life), distinguishes it from real spy glasses. Furthermore, the glasses are also not intended to be used as sunglasses as they are not equipped with any UV protection. The spy glasses are principally designed for the amusement of children 8 years of age and older as they will be used during role-play as a spy pretending to go on covert missions. The second item is the “Tri-Optics Video Watch.” It is an oversized wrist watch which incorporates an approximately 1” x 1” color screen and contains three “hidden” camera lenses and buttons that operate the various features of the item: video, photo, time and stopwatch. The item’s exaggerated appearance, construction and limited capabilities, distinguishes it from a standard watch. Any utilitarian function is incidental to the amusement the item provides, as its size does not make it practical for use as an everyday watch. Similarly, the low resolution camera also distinguishes it from real spy equipment. Included in each retail package are a USB cable and an instruction guide detailing how the spy watch can be connected to a computer to upload “evidence” from one’s “missions.” The item will be used by children while role-playing as a spy. The spy watch is principally designed for the amusement of children 8 years of age and older. The last item is the “Panosphere 360 Spy Cam.” The item is a 360° spy cam for capturing photos and videos. It comes with three different mounting attachments including a disk for sliding, a suction cup for sticking on walls and a strap which can be used to attach it to something such as a bicycle’s handlebar. All of the mounting attachments can be combined for self-storage. Included in each retail package are a USB cable, a memory card and an instruction guide, which instructs the user how to download and view the images on a computer. The item’s appearance, construction and limited capabilities distinguish it from real spy equipment. The “Panosphere 360 Spy Cam,” like the two aforementioned spy products, is intended to be used by children during role-play as a spy and is principally designed for the amusement of children ages 8 and older. The applicable subheading for the “Spy Specs Video Glasses,” the “Tri-Optics Video Watch” and the “Panosphere 360 Spy Cam” 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/. Regarding the “Spy Specs Video Glasses,” the U.S. Food and Drug Administration has requirements for eyewear regarding impact resistant lenses. We suggest that you contact the FDA at the following address to determine whether impact resistant lenses are required for the spy glasses: U.S. Food and Drug Administration, Division of Regulatory Guidance, 10903 New Hampshire Ave., Silver Spring, MD 20993-0002. 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