The tariff classification of two hypnotic jellyfish aquariums and two synthetic fish packs from China

N304499 June 20, 2019 CLA-2-95:OT:RR:NC:N4:424 CATEGORY: Classification TARIFF NO.: 9503.00.0090 Ms. Carrie Turk Hammacher Schlemmer & Co., Inc. 9180 LeSaint Drive Cincinnati, OH 45014 RE: The tariff classification of two hypnotic jellyfish aquariums and two synthetic fish packs from China Dear Ms. Turk: In your letter submitted May 24, 2019, you requested a tariff classification ruling. Photographs and a description of 4 items: 2 LED-lighted desktop aquariums and 2 extra packs of synthetic fish were submitted with your inquiry. The first product under consideration is identified as the “Hypnotic Jellyfish Aquarium”, item number 89171. The product consists of a cylindrical LED-lighted desktop aquarium measuring approximately 13 ¾” (H) x 5 ½” (D) containing two synthetic jellyfish intended to provide a mesmerizing ambiance just like their real counterparts. The “aquarium” contains 18 LEDs (6 each of red, blue and green) that automatically change color, causing the two jellyfish to “react” by glowing yellow, purple, aquamarine, blue and red as they float within the currents generated by the unit’s silent, integrated motor. Manual color selection enables the color display. The aquarium plugs into AC and automatically turns off after 4 hours. The second product under consideration is identified as item number 94650, the “Hypnotic Jellyfish Tank”. The product consists of a similar LED-lighted desktop tank approximately 9 ½” (L) x 4” (W) x 10 ¾” (H) with 4 synthetic jellyfish. This “jellyfish tank” contains 30 LEDs (10 each of red, blue and green) that also change colors and cause the fish to react in the same manner as the previous item. As with the preceding product, this also contains a silent integrated motor and can be plugged into any existing AC outlet. Both of these products can be set up on a bookshelf, tabletop or desk in order to provide hours of amusement for all onlookers. The third and fourth products at issue are item numbers 94684 and 94685. Each product contains two mini synthetic jellyfish and clownfish respectively, that can be added to either aquarium to enhance the number of “marine life” available to view. The applicable subheading for the “Hypnotic Jellyfish Aquarium”, the “Hypnotic Jellyfish Tank” and the extra fish packs, will be 9503.00.0090, 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…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 Roseanne Murphy at [email protected]. Sincerely, Steven A. Mack Director National Commodity Specialist Division