N289882 N2 Ruling Active

The tariff classification of Date Night Activity Sticks from China.

Issued September 27, 2017 by U.S. Customs and Border Protection.

Tariff classification

HTS codes: 4911.99.8000

Headings: 4911

Product description

Product specifications and photos were submitted for our review. Item number 285688, “Date Night Surprise,” is a transparent plastic container with handle containing 12 wooden sticks, each with a date night activity printed on it. The participant randomly draws a stick to receive an activity suggestion such as “foot rub” or “catch me.” You propose classification of the item as a toy under subheading 9503.00.0090, Harmonized Tariff Schedule of the United States (HTSUS).

CBP rationale

the applicable subheading for the Date Night Surprise will be 4911.99.8000, HTSUS, which provides for Other printed matter, including printed pictures and photographs: Other: Other: Other: Other.

Full text

N289882 September 27, 2017 CLA-2-49:OT:RR:NC:4:434 CATEGORY: Classification TARIFF NO.: 4911.99.8000 Joseph Kenny Geodis USA  One CVS Drive Woonsocket, RH 02895 RE: The tariff classification of Date Night Activity Sticks from China. Dear Mr. Kenny: In your letter dated August 31, 2017, you requested a tariff classification ruling on behalf of your client, CVS Pharmacy Inc. Product specifications and photos were submitted for our review. Item number 285688, “Date Night Surprise,” is a transparent plastic container with handle containing 12 wooden sticks, each with a date night activity printed on it. The participant randomly draws a stick to receive an activity suggestion such as “foot rub” or “catch me.” You propose classification of the item as a toy under subheading 9503.00.0090, Harmonized Tariff Schedule of the United States (HTSUS). We disagree. The item does not meet the definition of a "toy."  Its amusement value is minimal, and therefore it is precluded from classification in Chapter 95. It is suggesting activities rather than providing an amusing one in its own right. Of the various components making up the Date Night Surprise it is the printed messages on the sticks which impart the essential character for classification purposes. Therefore the applicable subheading for the Date Night Surprise will be 4911.99.8000, HTSUS, which provides for Other printed matter, including printed pictures and photographs: Other: Other: Other: Other. 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 the 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 Charlene Miller at [email protected]. Sincerely, Steven A. Mack Director National Commodity Specialist Division

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