The tariff classification of three Nerf Rebelle toys from China

N267661 September 1, 2015 CLA-2-95:OT:RR:NC:N4:424 CATEGORY: Classification TARIFF NO.: 9503.00.0073 Ms. Debra Izzo Hasbro, Inc. 1 Hasbro Place Providence, RI 02903 RE: The tariff classification of three Nerf Rebelle toys from China Dear Ms. Izzo: In your letter dated July 30, 2015, you requested a tariff classification ruling. Three samples from the Hasbro “Nerf Rebelle” toy line were submitted with your inquiry. The first sample, “Nerf Rebelle Charmed: EverFierce,” item B1697, consists of a Nerf blaster in the shape of an archery bow, 4 foam darts, and a bracelet with 3 charms. The second sample, “Nerf Rebelle Charmed: Fair Fortune,” item B1698, consists of a Nerf crossbow blaster, 6 foam darts, and a bracelet with 2 charms. The third sample, “Nerf Rebelle Charmed: Dauntless,” item B1699, consists of a Nerf blaster, 3 foam darts, and a bracelet with 2 charms. Each bracelet comes with one charm that contains the words “Nerf Rebelle” printed on it, while the other charms are shaped to represent an “enchanted” power. In addition to being worn, the bracelet and charms are designed to attach to and be used in conjunction with the Rebelle Blasters to enhance the child’s role-play activities during fantasy battle adventures. Note 4 to Chapter 95 allows articles that are imported packaged together with toys for retail sale to be classified in heading 9503, Harmonized Tariff Schedule of the United States (HTSUS), provided that the combination of items does not constitute a set under GRI 3(b), and the combination has the essential character of toys. Also, for Note 4 to apply, the toy and non-toy item(s) must complement one another to the extent that together they can be used for “amusement, diversion or play” in order to possess “the essential character of toys.” The items, when imported together, meet these requirements. The overall combination possesses the essential character of toys of heading 9503, with the essential character imparted by the Nerf Rebelle Blasters. All three items are principally designed for the amusement of children 8 years of age and older. The applicable subheading for the “Nerf Rebelle Charmed: EverFierce,” the “Nerf Rebelle Charmed: Fair Fortune,” and the “Nerf Rebelle Charmed: Dauntless” 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 [email protected]. Sincerely, Gwenn Klein Kirschner Director National Commodity Specialist Division