The tariff classification of a toy musical hairbrush from China

N251424 April 11, 2014 CLA-2-95:OT:RR:NC:N4:424 CATEGORY: Classification TARIFF NO.: 9503.00.0073 Ms. Heather Creegan CVS On-site Import Client Liaison Barthco International, division of OHL One CVS Drive Mailstop 1049 Woonsocket, RI 02895 RE: The tariff classification of a toy musical hairbrush from China Dear Ms. Creegan: In your letter dated March 11, 2014, you requested a tariff classification ruling. A sample of the “Hello Kitty” musical hairbrush, item # 966783, was received with your inquiry. The item is a pink plastic hairbrush approximately 5” in length with hard white bristles. On the back of the brush there is a heart-shaped frame containing a picture of the “Hello Kitty” character. It has an on/off switch that, when activated, will allow the frame to light up and play chimes when moved. It runs on 3 small button batteries that are included and are located in the handle of the brush. The brush has a small bristle area with stiff plastic bristles making it unlikely to be used as a regular hairbrush. Rather, its size and construction make it similar to a doll brush. Young girls will derive amusement pretending to style their hair or the hair of their doll. The “Hello Kitty” hairbrush is principally designed for the amusement of young girls 4 years of age and older. The applicable subheading for the “Hello Kitty” musical hairbrush 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/. Importations of this product may be subject to the provisions of Section 133 of the Customs Regulations if they copy or simulate a registered trademark, trade name or copyright recorded with U.S. Customs and Border Protection. If you are an authorized importer of the product we recommend notifying your local CBP office prior to importation. 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 [email protected]. Sincerely, Gwenn Klein Kirschner Acting Director National Commodity Specialist Division