N258910 N2 Ruling Active

The tariff classification of a plastic gardening trowel from China

Issued November 21, 2014 by U.S. Customs and Border Protection.

Tariff classification

HTS codes: 3924.90.5650

Headings: 3924

Product description

The submitted sample is identified as a Disney Mickey Mouse Playtime Trowel, Style MY410K. This item is a garden trowel made of plastic. It is comprised of a blue scoop with a red handle on which is situated a white thumb grip. A molded plastic ornament that is designed in the shape and form of the head of the Disney character Mickey Mouse is attached to the top of the handle and between the ears of the mouse is a molded loop to facilitate hanging when not in use. Molded into the concave side of the scoop are the measurements 1”, 2” and 3”, as well as 2.5 cm, 5 cm and 7.5 cm. The item measures approximately 9¼” in length, not including the Mickey Mouse head and 11” in length, including the Mickey Mouse head. While the garden trowel has a Mickey Mouse motif and is referenced by you as a toy, it is not principally designed for amusement. It is well made and incorporates depth measurements imprinted on the spade. It is capable of use for some practical purpose other than amusement. Any amusement the item may provide is incidental to its utilitarian function and therefore, it is not classifiable as a toy.

CBP rationale

The applicable subheading for Style MY410K will be 3924.90.5650, Harmonized Tariff Schedule of the United States (HTSUS), which provides for …other household articles…of plastics: other: other…other.

Full text

N258910 November 21, 2014 CLA-2-39:OT:RR:NC:N4:422 CATEGORY: Classification TARIFF NO.: 3924.90.5650 Ms. Carrie Sampsel Midwest Gloves & Gear P.O. Box 260 Chillicothe, MO 64601 RE: The tariff classification of a plastic gardening trowel from China Dear Ms. Sampsel: In your letter dated October 30, 2014, you requested a tariff classification ruling. The submitted sample is identified as a Disney Mickey Mouse Playtime Trowel, Style MY410K. This item is a garden trowel made of plastic. It is comprised of a blue scoop with a red handle on which is situated a white thumb grip. A molded plastic ornament that is designed in the shape and form of the head of the Disney character Mickey Mouse is attached to the top of the handle and between the ears of the mouse is a molded loop to facilitate hanging when not in use. Molded into the concave side of the scoop are the measurements 1”, 2” and 3”, as well as 2.5 cm, 5 cm and 7.5 cm. The item measures approximately 9¼” in length, not including the Mickey Mouse head and 11” in length, including the Mickey Mouse head. While the garden trowel has a Mickey Mouse motif and is referenced by you as a toy, it is not principally designed for amusement. It is well made and incorporates depth measurements imprinted on the spade. It is capable of use for some practical purpose other than amusement. Any amusement the item may provide is incidental to its utilitarian function and therefore, it is not classifiable as a toy. The applicable subheading for Style MY410K will be 3924.90.5650, Harmonized Tariff Schedule of the United States (HTSUS), which provides for …other household articles…of plastics: other: other…other. The rate of duty will be 3.4 percent ad valorem. 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 Gary Kalus at [email protected]. Sincerely, Gwenn Klein Kirschner Director National Commodity Specialist Division

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