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 > 1995 NY Rulings > NY 806801 - NY 806969 > NY 806882

Previous Ruling Next Ruling
NY 806882




March 13, 1995

CLA-2-95:S:N:N8:225 806882

CATEGORY: CLASSIFICATION

TARIFF NO.: 9503.80.0050

Mr. Fred Goris
Fisher-Price, Inc.
636 Girard Ave.
East Aurora, New York 14052

RE: The tariff classification of a toy motor assembly from Mexico

Dear Mr. Goris:

In your letter dated February 7, 1995, received in this office on February 13, 1995, you requested a tariff class- ification ruling.

A sample of the motor assembly, part #939271, was submitted with your inquiry along with a sample of the finished retail product. The motor assembly unit will be manufactured in Mexico, imported into the U.S., and incorporated into the "Baseball Training Center".

The "Baseball Training Center" is comprised of a plastic bat, 5 balls and a motorized unit with a standing net attached. The unit serves to pitch the balls to the child and, as the balls are thrown or hit back into the net, the unit accepts the balls for continuous return action. A choice of two speed settings, slow and fast, may be selected for the pitch. The child can either practice catching the ball or hitting it with the bat. Four "D" size batteries are required for operation. This product, designed for children ages 3 and up, is considered a toy for classifi- cation purposes.

Your letter states the motor assembly is custom made for the "Baseball Training Center". Several unique features that dedicate the piece for use primarily with the finished product are: 1) a specially made wheel composed of a spindle, metal cap plastic cap and foam piece. 2) a housing
equipped with a spring loaded guard which prevents articles from directly entering the return slot. 3) specially designed wiring.

Chapter Note 3 of the Harmonized Tariff Schedule of the United States maintains that "parts and accessories which are suitable for use solely or principally with articles of this chapter are to be classified with those articles". Accordingly, since it has been established that the above described motor assembly unit is designed primarily for the "Baseball Training Center" the piece is considered a toy part.

The applicable subheading for the "Motor Assembly", Part No. 939271, will be 9503.80.0050, Harmonized Tariff Schedule of the United States (HTS), which provides for other toys and models, incorporating a motor: parts and accessories. The rate of duty will be free.

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

See also: