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NY D81433




September 18, 1998

CLA-2-95:RR:NC:SP:225 D81433

CATEGORY: CLASSIFICATION

TARIFF NO.: 9503.90.0045; 9502.10.0060; 9503.60.2000; 4202.32.1000; 8513.10.2000

Mr. James H. Towndrow, President
Nyvista, Inc.
9305 Buffalo Avenue
Niagara Falls, N.Y. 14304

RE: The tariff classification of vending machine products from China and Spain

Dear Mr. Towndrow:

In your letter dated August 5, 1998, received in this office on August 19, 1998, you requested a tariff classification ruling.

An assortment of novelty items for vending machine distribution were submitted with your inquiry. Each article is encapsuled in a plastic, ball shaped, container. The containers break apart at the center for removal of the inner product. They measure 4 inches in diameter and are partially transparent with a slot for coin insertion. It appears the containers serve a dual function in protecting their contents and for use as a coin bank. However, given its construction and lack of stability, its use as a bank is limited and the containers will be classified with their contents.

The merchandise consists of a change purse, flashlight and toy products. The "Sportsbag" is a novelty coin purse manufactured with an outer surface of PVC plastic with a textile backing. Attached to the zipper closure is a split metal key ring. The change purse measures approximately 4 inches in length and 2 inches in diameter.

The keychain flashlight, in the shape of a car, operates on 2 "AA" size batteries which are included. This article is considered a composite good with the essential character imparted by the flashlight.

The spinning top is made of plastic and consists of two separable components. The lower portion is manufactured to contain an "AA" battery which causes the top to light up while spinning. The other part is a plastic launcher used to wind the top and hold it in place until a button on the launcher is depressed which releases the top in a spinning motion.

The "astronaut" is a plastic molded representation of a human figure. He comes with two copter rings designed for placement above the astronaut's head. He carries two rockets on his back that are connected by string to a wind-up mechanism inside the torso. By pulling back on the rockets the copter ring is wound. Upon release, the ring flies off the astronaut's head and into the air.

The plastic "Rubik's" Cube puzzle consists of a series of colored cubes joined together to form a larger cube. The cubes are intended to be manipulated to obtain a pattern of the same color cubes on each side.

Please note that the "Rubik's" Cube puzzle is covered by a registered copyright. Importations of this merchandise may be subject to the provisions of Section 133 of the Customs Regulations if it copies or simulates a registered copyright work recorded with the Customs Service. If you are an authorized importer of this product we recommend notifying your local Customs office prior to importation.

The applicable subheading for the "Sportsbag" will be 4202.32.1000, Harmonized Tariff Schedule of the United States (HTS), which provides for articles of a kind normally carried in the pocket or in the handbag, with outer surface of sheeting of plastic, of reinforced or laminated plastics. The rate of duty will be 12.1 cents/kg plus 4.6 percent ad valorem.

The applicable subheading for the keychain flashlight, in the shape of a car, will be 8513.10.2000, Harmonized Tariff Schedule of the United States (HTS), which provides for flashlights. The duty rate will be 15% ad valorem.

The applicable subheading for the spinning top will be 9503.90.0045, Harmonized Tariff Schedule of the United States (HTS), which provides for other toys: other: other toys and models. The rate of duty will be free.

The applicable subheading for the "astronaut" will be 9502.10.0060, Harmonized Tariff Schedule of the United States (HTS), which provides for dolls representing only human beings and parts and accessories thereof: whether or not dressed: other. The rate of duty will be free.

The applicable subheading for the "Rubik's" Cube puzzle will be 9503.60.2000, Harmonized Tariff Schedule of the United States (HTS), which provides for other toys: puzzles and parts and accessories thereof: other. The rate of duty will be free

For your information, the marking statute, section 304, Tariff Act of 1930, as amended (19 U.S.C. 1304), provides that, unless excepted, every article of foreign origin (or its container) imported into the U.S. shall be marked in a conspicuous place as legibly, indelibly and permanently as the nature of the article (or its container) will permit, in such a manner as to indicate to the ultimate purchaser in the U.S. the English name of the country of origin of the article.

The purpose of this section is to prevent the possibility of misleading or deceiving the ultimate purchaser as to the actual origin of the imported goods. Please ensure that your products reflect the proper country of origin marking requirements.

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 Alice J. Wong at 212-466-5538.

Sincerely,

Robert B. Swierupski
Director,

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