NY 0859010 - The tariff classification of a toy gun from China with batteries from Hong Kong - United States International Trade Commision Rulings

United States International Trade Commision Rulings And Harmonized Tariff Schedule

faqs.org Rulings By Number Rulings By Category Tariff Numbers

faqs.org > Rulings and Tariffs Home > Rulings By Number > 1991 NY Rulings > NY 0858985 - NY 0859108 > NY 0859010

NY 859010

Jan. 14, 1991

CLA-2-95:S:N:N3D:225 859010

CATEGORY: CLASSIFICATION

TARIFF NO.: 9503.80.2000

Mr. John Slagle
7575 Holstein Ave.
Philadelphia, PA 19153

RE: The tariff classification of a toy gun from China with batteries from Hong Kong

Dear Slagle:

In your letter dated Dec 18, 1990 you requested a tariff classification ruling on behalf of your client S.R.M. Company, Inc.

The toy gun is called Electronic Pulsating Fazer. In the handle of the weapon is a cavity for two AA batteries which will be imported with the gun. When the trigger is pulled back, the batteries are activated. They generate an electric current which causes a pulsating light to trace down the top of the barrel inside a transparent dark red hood. Eight different sounds are also produced and a mechanism makes the handle vibrates. The batteries will be sent from Hong Kong to China for incorporation in this toy. Upon importation into the United States they will not be treated separately. Your gun is being returned as requested.

The applicable subheading for the pulsating fazer will be 9503.80.2000, Harmonized Tariff Schedule of the United States (HTS), which provides for Other toys and models, incorporating a motor, and parts and accessories thereof: Toys: Incorporating an electric motor. The duty rate will be 6.8 percent ad valorem.

Because this is a toy gun it is subject to Public Law 100- 615 which provides for specific marking. Although the front of the barrel of this gun has a bright orange color and is 6mm deep which would appear to meet the requirements of the law, it is painted on. That will not satisfy the law. The blaze orange plug or band on the muzzle end must be permanently affixed. Paint is not considered permanent for the purposes of Public Law 100-615; 15 U.S.C. 5001; 15 CFR Part 1150; Federal Register Vol. 54, No. 86, pp 19358 (May 5, 1989). The Department of Commerce has final authority in this matter. For further information, please consult with Dr. Stanley Warshaw or Walter G. Leight, Department of Commerce, (301) 975-4000.

This ruling is being issued under the provisions of Section 177 of the Customs Regulations (19 C.F.R. 177).

A copy of this ruling letter should be attached to the entry documents filed at the time this merchandise is imported. If the documents have been filed without a copy, this ruling should be brought to the attention of the Customs officer handling the transaction.

Sincerely,

Jean F. Maguire
Area Director

Previous Ruling Next Ruling