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HQ 959907




January 30, 1998

CLA-2 RR:CR:GC 959907 MMC

CATEGORY: CLASSIFICATION

TARIFF NO.: 9503.90.0030

Port Director of Customs
300 South Ferry Street
Terminal Island, CA 90731

RE: PRD 2704-96-102160; Zebra and Rainbow jump ropes

Dear Port Director:

The following is our response to protest 2704-96-102160 concerning your classification decision regarding articles identified as jump ropes under the Harmonized Tariff Schedule of the United States (HTSUS). Samples of the articles were submitted for our review.

FACTS:

The articles have been identified as items 6368 (zebra jump rope) and 7943 (rainbow jump rope). The zebra jump rope appears to be made of orange and black braided nylon. An orange plastic molded handle is attached to each end of the rope. The rainbow jump rope is made of blue, green yellow, purple, fushia and orange colored braided nylon. A yellow plastic handle is attached to each end of the rope. Both measure approximately 6 feet long.

The importer, Imperial Toy Corporation, markets the jump ropes to toy stores and general merchandise stores for their toy departments, exclusively as toys in the United States (U.S.) and worldwide. The importer does not market any product in the U.S. or worldwide which is considered exercise equipment in the trade or commerce of the U.S.

Protestant was directed to enter the jump ropes under subheading 9506.91.0030, HTSUS, as "Articles and equipment for general physical exercise, gymnastics, athletics, other sports (including table-tennis) or outdoor games, not specified or included elsewhere in this chapter; swimming pools and wading pools; parts and accessories thereof: Other: Articles and equipment for general physical exercise, gymnastics or athletics; parts and accessories thereof, Other." Protestant asserts that the jump ropes are classifiable under subheading 9503.90.00, HTSUS, as "Other toys; reduced-size ("scale") models and similar recreational models, working or not; puzzles of all kinds; parts and accessories thereof: Other toys; reduced-size ("scale") models and similar recreational models, working or not; puzzles of all kinds; and accessories thereof: Other: Other; Other toys (except models), not having a spring mechanism."

The February 1996, entry was liquidated on April 5, 1996, and a protest was timely filed on July 3, 1996. The headings under consideration are as follows:

9503 Other toys; reduced-size ("scale") models and similar recreational models, working or not; puzzles of all kinds; parts and accessories thereof

9506 Articles and equipment for general physical exercise, gymnastics, athletics, other sports (including table-tennis) or outdoor games, not specified or included elsewhere in this chapter; swimming pools and wading pools; parts and accessories thereof ISSUE:

Whether the jump ropes are classifiable as toys or articles and equipment for general physical exercise.

LAW AND ANALYSIS:

Classification under the HTSUS is made in accordance with the General Rules of Interpretation (GRIs). The systematic detail of the harmonized system is such that virtually all goods are classified by application of GRI 1, that is, according to the terms of the headings of the tariff schedule and any relative Section or Chapter Notes. In the event that the goods cannot be classified solely on the basis of GRI 1, and if the headings and legal notes do not otherwise require, the remaining GRIs may then be applied.

In understanding the language of the HTSUS, the Explanatory Notes (ENs) of the Harmonized Commodity Description and Coding System may be utilized. The ENs, although not dispositive, or legally binding, provide a commentary on the scope of each heading, and are generally indicative of the proper interpretation of the HTSUS. See, T.D. 89-90, 54 Fed. Reg. 35127, 35128 (August 23, 1989). EN 95.03, states in pertinent part, that:

This heading covers:

(A) All toys not included in headings 95.01 and 95.02. Many of the toys of this heading are mechanically or electrically operated.

These include:

(8) Toy sports equipment, whether or not in sets (e.g., golf sets, tennis sets, archery sets, billiard sets; baseball bats, cricket bats, hockey sticks).

(18) Hoops, skipping ropes, diabolo spools and sticks, spinning and humming tops, balls (other than those of heading 95.04 or 95.06).

Certain toys (e.g., electric irons, sewing machines, musical instruments, etc.) may be capable of a limited "use"; but they are generally distinguishable by their size and limited capacity from real sewing machines, etc.

EN 95.06, states, in pertinent part, that:

This heading covers:

(A) Articles and equipment for general physical exercise, gymnastics or athletics, e.g.:

Trapeze bars and rings; horizontal and parallel bars; balance beams, vaulting horses; pommel horses; spring boards; climbing ropes and ladders; wall bars; Indian clubs; dumb-bells and barbells; medicine balls; rowing, cycling and other exercising apparatus; chest expanders; hand grips; starting blocks; hurdles; jumping stands and standards; vaulting poles; landing pit pads; javelins, discuses, throwing hammers and putting shots; punch balls (speed bags) and punch bags (punching bags); boxing or wrestling rings; assault course climbing walls.

(B) Requisites for other sports and outdoor games (other than toys presented in sets, or separately, of heading 95.03), e.g.:

(12) Equipment of a kind used in children's playgrounds (e.g., swings, slides, see-saws and giant strides).

(14) Other articles and equipment, such as requisites for deck tennis, quoits or bowls; skate boards; racket presses; mallets for polo or croquet; boomerangs; ice axes; clay pigeons and clay pigeon projectors; bobsleighs (bobsleds), luges and similar non-motorised vehicles for sliding on snow or ice.

EN 95.03 clearly indicates that the heading provides for jump ropes except those which belong to the class or kind "gym equipment." Therefore, we must determine to which class or kind the subject jump ropes belong.

The jump ropes' length, color and construction all indicate they are within the scope of "skipping ropes" described by heading 9503. While we recognize that there is a class or kind of jump rope which is classifiable under heading 9506, the subject jump ropes are not of that kind. Such jump ropes are generally longer, and have a line made from stronger, thinner material. Additionally, such jump ropes generally have handles made of stronger material (e.g., wood) and in some instances the handles contain ball bearings which allow the "rope" to rotate at a much faster rate. Furthermore, jump ropes which belong to the class or kind "sporting equipment" are generally imported and retailed by sports equipment manufacturers, in a sporting goods section of a store. We note that this position is consistent with New York Ruling Letters (NYRL) 895150 dated March 22, 1994 and NYRL 871721 dated March 3, 1992.

The jump ropes are classifiable in heading 9503, HTSUS, specifically, subheading 9503.90.0030, HTSUS, as "Other toys; reduced-size ("scale") models and similar recreational models, working or not; puzzles of all kinds; parts and accessories thereof: Other, Other: Other toys (except models), not having a spring mechanism."

HOLDING:

The protest should be ALLOWED. The jump ropes are classifiable under subheading 9503.90.0030, HTSUS, as "Other toys; reduced-size ("scale") models and similar recreational models, working or not; puzzles of all kinds; parts and accessories thereof: Other, Other: Other toys (except models), not having a spring mechanism," with a 1996 general column one free rate of duty.

In accordance with section 3A(11)(b) of Customs Directive 099 3550-065, dated August 4, 1993, Subject: Revised Protest Directive, this decision should be mailed by your office to the Protestant no later than 60 days from the date of this letter. Any reliquidation of the entry in accordance with this decision must be accomplished prior to the mailing of the decision. Sixty days from the date of this decision, the Office of Regulations and Rulings will take steps to make the decision available to Customs personnel via the Customs Rulings Module in ACS and to the public via the Diskette Subscription Service, Freedom of Information Act and other public access channels. A copy of this decision should be attached to the Customs Form 19, Notice of Action on the protest, to be returned to the protestant.

Sincerely,

John Durant, Director
Commercial Rulings Division


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