The tariff classification for a fidget popper/keychain from China

N341753 August 22, 2024 CLA-2-95:OT:RR:NC:N4:424 CATEGORY: Classification TARIFF NO.: 9503.00.0073 Mr. Alexander Kopp CVS Pharmacy One CVS Drive Woonsocket, RI 02895 RE:      The tariff classification for a fidget popper/keychain from China Dear Mr. Kopp:                                                                                                  In your letter submitted on August 1, 2024, you requested a tariff classification ruling.  Photographs and a description of the CVS “Red & Pink” fidget popper/keychain in a heart-shaped capsule were submitted with your request.  The product under consideration, identified as CVS item # 452800, is a gusset bag filled with 16 plastic heart-shaped capsules, each containing a fidget popper in the shape of a bear, attached to a keychain.  The fidget popper is designed for manipulative play by pressing the 2 circles on the bear and "popping" them up and down repeatedly.  The bear-shaped fidget popper is made of polypropylene and is attached to a metal keychain.  The toy bear is approximately 2" long and is principally designed for the amusement of children ages 3 years and older.   The subject fidget popper/keychain constitutes a composite good, consisting of the bear fidget popper, that if imported separately is classifiable in heading 9503, Harmonized Tariff Schedule of the United States (HTSUS), and a metal keychain, that is classifiable in heading 7326, HTSUS.  Classification of merchandise under the HTSUS is in accordance with the General Rules of Interpretation (GRIs), taken in order.  GRI 1 provides that classification shall be determined according to the terms of the headings and any relative section or chapter notes.  Since no one heading in the tariff schedule covers the fidget popper and the metal keychain in combination, GRI 1 cannot be used as a basis for classification.  GRI 3(b) provides that mixtures, composite goods consisting of different materials or made up of different components, and goods put up in sets for retail sale shall be classified as if they consisted of the material or component which gives them their essential character.  Explanatory Note (EN) VIII to GRI 3(b) explains that “the factor which determines essential character will vary as between different kinds of goods.  It may, for example, be determined by the nature of the material or component, its bulk, quantity, weight or the use of the goods.” It is the opinion of this office that the toy fidget popper is the component that imparts the essential character to the item.  Additionally, as with many vending machine products, the heart-shaped capsule style containers will be considered packaging and will be classified with their contents in accordance with the GRIs.   The applicable subheading CVS “Red & Pink fidget bear popper/keychain, item # 452800, 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. 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 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