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N300808 N3 Ruling Active

The tariff classification of Creepy Head Doll Pathway Markers from China.

Issued October 5, 2018 by U.S. Customs and Border Protection.

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N3 N300808 (October 5, 2018)

Tariff classification

HTS codes: 9505.90.6000

Headings: 9505

Product description

You submitted photographs and a detailed description for item # 9301-06123, Creepy Head Doll Pathway Markers, which are three individual plastic markers that each measure approximately 32” in height x 12” in width x 11” in length. Each marker has a plastic doll head on top with large, blackened, hollowed-out eyes and mouth, and large cracks running across its entire face, as if the face is about to fall apart. The Creepy Head Doll Pathway Markers contain three AAA batteries located in a battery box under the neck. When motion activated, the doll heads illuminate in ghastly green, accompanied by scary sound effects. Although referred to as “doll heads,” it is clearly stated in their marketing that these are not sold as toys. Instead of being playthings, the Creepy Head Doll Pathway Markers are advertised, marketed and sold solely as illuminated scary decorations for Halloween. While referenced to as “pathway markers,” these articles only utilize light purely for its decorative effect to illuminate the doll heads. Any useful lighting, if any, is incidental to use of the articles as decorations.

CBP rationale

The applicable subheading for item # 9301-06123 will be 9505.90.6000, Harmonized Tariff Schedule of the United States (HTSUS), which provides for “Festive, carnival or other entertainment articles, including magic tricks and practical joke articles; parts and accessories thereof: Other: Other.

Full text

N300808 October 5, 2018 CLA-2-95:OT:RR:NC:N4:425 CATEGORY: Classification TARIFF NO.: 9505.90.6000 Ms. Soolin Shu Pan Asian Creations Limited No. 182, 1/F., Peninsula Centre No, 67 Mody Road Kowloon, Hong Kong China RE: The tariff classification of Creepy Head Doll Pathway Markers from China. Dear Ms. Shu: In your letter dated September 26, 2018, you requested a tariff classification ruling. You submitted photographs and a detailed description for item # 9301-06123, Creepy Head Doll Pathway Markers, which are three individual plastic markers that each measure approximately 32” in height x 12” in width x 11” in length. Each marker has a plastic doll head on top with large, blackened, hollowed-out eyes and mouth, and large cracks running across its entire face, as if the face is about to fall apart. The Creepy Head Doll Pathway Markers contain three AAA batteries located in a battery box under the neck. When motion activated, the doll heads illuminate in ghastly green, accompanied by scary sound effects. Although referred to as “doll heads,” it is clearly stated in their marketing that these are not sold as toys. Instead of being playthings, the Creepy Head Doll Pathway Markers are advertised, marketed and sold solely as illuminated scary decorations for Halloween. While referenced to as “pathway markers,” these articles only utilize light purely for its decorative effect to illuminate the doll heads. Any useful lighting, if any, is incidental to use of the articles as decorations. The applicable subheading for item # 9301-06123 will be 9505.90.6000, Harmonized Tariff Schedule of the United States (HTSUS), which provides for “Festive, carnival or other entertainment articles, including magic tricks and practical joke articles; parts and accessories thereof: 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 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 Wayne Kessler at [email protected]. Sincerely, Steven A. Mack Director National Commodity Specialist Division

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