The tariff classification of the toy gun, “X-Shot Hyper Gel Trace Fire Blaster,” from China

N336339 November 21, 2023 CLA-2-95:OT:RR:NC:N4:424 CATEGORY: Classification TARIFF NO.: 9503.00.0090 Ms. Darcy Chen ZURU 7/F, Tower B, Port Building, 1006 Dongmen South Rd, Luohu DistrictShenzhen 518001China RE:      The tariff classification of the toy gun, “X-Shot Hyper Gel Trace Fire Blaster,” from China Dear Ms. Chen: In your letter submitted on November 6, 2023, you requested a tariff classification ruling.  Photographs and a description of the “X-Shot Hyper Gel Trace Fire Blaster”, SKU 36621, were submitted with your inquiry.   The product at issue is a “X-Shot Hyper Gel Trace Fire Blaster” kit that is comprised of a toy gel pellet gun, a lithium rechargeable battery, a plastic bottle that will hold the package of 10,000 included hyper gel pellets, a charge wire, protective eyewear, and a product manual.   The colorful toy gun has a fully automatic and semi-automatic mode and can shoot gel pellets at 170 feet per second.  It is equipped with a hopper that has a 600-pellet hopper capacity with an additional 850-pellet mag capacity.  The pellets are non-toxic, eco safe and will not stain.  To begin using, the user just needs to add water to hydrate the gel pellets.  The item is designed for the entertainment of children ages 14 and older. The applicable subheading for the “X-Shot Hyper Gel Trace Fire Blaster” kit will be 9503.00.0090, Harmonized Tariff 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. The holding set forth above applies only to the specific factual situation and merchandise description as identified in the ruling request.  This position is clearly set forth in Title 19, Code of Federal Regulations (CFR), Section 177.9(b)(1).  This section states that a ruling letter is issued on the assumption that all of the information furnished in the ruling letter, whether directly, by reference, or by implication, is accurate and complete in every material respect.  In the event that the facts are modified in any way, or if the goods do not conform to these facts at time of importation, you should bring this to the attention of U.S. Customs and Border Protection (CBP) and submit a request for a new ruling in accordance with 19 CFR 177.2.  Additionally, we note that the material facts described in the foregoing ruling may be subject to periodic verification by CBP. This ruling is being issued under the provisions of Part 177 of the Customs and Border Protection 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, please contact National Import Specialist Roseanne Murphy at [email protected]. Sincerely, Steven A. Mack Director National Commodity Specialist Division