The tariff classification of a fidget spinner and 5 hair elastics from China

N287750 July 24, 2017 CLA-2-95:OT:RR:NC:N4:424 CATEGORY: Classification TARIFF NO.: 5609.00.3000; 9503.00.0073 Ms. Kathy Trotta Conair Corporation 150 Milford Road East Windsor, NJ 08520 RE: The tariff classification of a fidget spinner and 5 hair elastics from China Dear Ms. Trotta: In your letter dated June 26, 2017, you requested a tariff classification ruling. A sample of the Scünci “Spin This” fidget spinner and hair elastic combo, item # 00000-X, was submitted with your inquiry. The item is comprised of 5 ponytail hair bands constructed of 70% nylon and 30% rubber that form a circle approximately 2” in diameter, and a tri fidget hand spinner, secured to a laminated cardboard sheet approximately 6.50”(L) x 2.75”(W). The fidget spinner consists of a bearing in the center of a 3-lobed flat structure made of a hardened plastic, designed to spin along its axis with very little effort. The challenge of balancing, tossing, transferring and twirling the spinners have provide users with hours of amusement. It is principally designed for the amusement of children 3 years of age and older. When interpreting and implementing the Harmonized Tariff Schedule of the United States (HTSUS), the Explanatory Notes (ENs) of the Harmonized Commodity Description and Coding System may be utilized. The ENs, while neither legally binding nor dispositive, provide a guiding commentary on the scope of each heading, and are generally indicative of the proper interpretation of the HTSUS. The ENs to the HTSUS, General Rules of Interpretation (GRI), at GRI 3 (b), X, provides that: the term “goods put up in sets for retail sale” shall be taken to mean goods: (a) consist of at least two different articles which are, prima facie, classifiable in different headings; (b) consist of articles put up together to meet a particular need or carry out a specific activity; and (c) are put up in a manner suitable for sale directly to users without repacking. It is the opinion of this office that the fidget spinner and hair elastic combo is not considered to be a set for Customs’ purpose, as it consists of two separate articles that do not “meet a particular need or carry out a specific activity.” Therefore, each item will be classified separately. The applicable subheading for the hair elastics will be 5609.00.3000, HTSUS, which provides for “Articles of yarn, strip or the like of heading 5404 or 5405, twine, cordage, rope, or cables, not elsewhere specified or included: of man-made fibers.” The rate of duty will be 4.5 percent ad valorem. The applicable subheading for the fidget spinner will be 9503.00.0073, 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 https://hts.usitc.gov/current. 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 Associate Hershel Rosenfeld at [email protected]. Sincerely, Steven A. Mack Director National Commodity Specialist Division