N248563 N2 Ruling Active

The tariff classification of the “My Pet Hummingbird” from China

Issued January 9, 2014 by U.S. Customs and Border Protection.

Tariff classification

HTS codes: 9503.00.0073

Headings: 9503

Product description

The sample will be returned as requested by your office. The item consists of textile artificial foliage inserted into a plastic base which is molded to resemble a planter. In the center of the planter there is a plastic tube which is camouflaged to appear as the flower’s pistil. A thin wire that extends and retracts from the center of the tube is attached to a hummingbird composed of plastic and textile. Tapping on the inside of the planter will cause the bird to simulate the movements of a hummingbird as it flies around the flower “collecting” nectar. The mechanism which controls the “pet hummingbird” runs on two AA batteries located on the underside of the planter. The item is principally designed to provide frivolous amusement to those tapping on the planter, causing the hummingbird to fly around the flower “gathering” nectar in a realistic manner.

CBP rationale

The applicable subheading for the “My Pet Hummingbird” 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

N248563 January 9, 2014 CLA-2-95:OT:RR:NC:N4:424 CATEGORY: Classification TARIFF NO.: 9503.00.0073 Mr. Brian Pearce CVS Pharmacy One CVS Drive Woonsocket, RI 02895 RE: The tariff classification of the “My Pet Hummingbird” from China Dear Mr. Pearce: In your letter dated November 26, 2013, you requested a tariff classification ruling. A sample of the “My Pet Hummingbird,” item number 951463, was submitted with your inquiry. The sample will be returned as requested by your office. The item consists of textile artificial foliage inserted into a plastic base which is molded to resemble a planter. In the center of the planter there is a plastic tube which is camouflaged to appear as the flower’s pistil. A thin wire that extends and retracts from the center of the tube is attached to a hummingbird composed of plastic and textile. Tapping on the inside of the planter will cause the bird to simulate the movements of a hummingbird as it flies around the flower “collecting” nectar. The mechanism which controls the “pet hummingbird” runs on two AA batteries located on the underside of the planter. The item is principally designed to provide frivolous amusement to those tapping on the planter, causing the hummingbird to fly around the flower “gathering” nectar in a realistic manner. The applicable subheading for the “My Pet Hummingbird” 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, Gwenn Klein Kirschner Acting Director National Commodity Specialist Division

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