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NY F82076




February 9, 2000

CLA-2-95:L:OFO:D22 F82076

CATEGORY: CLASSIFICATION

TARIFF NO.: 9503.90.0045

Ms. Nikki Adams
Dollar General Corporation
100 Mission Ridge
Goodlettsville, TN 37072-2170

RE: The tariff classification of toy guns, swords and handcuffs from China

Dear Ms. Adams:

In your letter dated January 14, 2000, you requested a tariff classification ruling.

Five samples were submitted with your inquiry. All the samples are blistered packed with a header card. Your samples are being returned as requested.

“Night Sword,” SKU #3-810-4237, is a toy plastic sword that measures approximately 12" long. The handle of the sword has on-off switch that is battery operated. The switch controls a glass bulb that lights up the translucent blade of the sword. One AA battery is included with the package.

“See-Thru Snubnose Cap Gun,” SKU #3-810-3761, is a toy gun made of clear plastic body and orange handle. There is a blaze orange cylinder plug on the muzzle of the toy gun. The gun uses 8-shot ring caps not included in the package.

“Glider Launcher,” SKU #3-800-7215, is a plastic toy launcher that has a slot on top. Three brightly colored gliders made of plastic with cardboard wings are designed to slide into the slot one at a time. When the trigger is squeezed, the glider is projected from the launcher.

“See-Thru Machine Gun,” SKU #3-800-7193, is a toy gun made of clear plastic with an orange handle. Limited supplies of colored plastic bullets are included along with a bullet holder that feeds into the gun when the trigger is pulled.

“Crime Stopper Cuffs,” SKU #3-800-4224, are handcuffs made of metal. They have a trick locking mechanism with a secret release button. No keys are needed to unlock the cuffs.

The toy guns appear to meet the specific marking requirements 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 toy cap gun has permanently affixed a blaze orange plug on the muzzle end. The toy machine gun is constructed entirely of transparent or translucent materials which permits unmistakable observation of the device’s complete contents.

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

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.

Sincerely,

Eugenio Garza Jr.
Port Director

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