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NY F88661




July 26, 2000

CLA-2-95:RR:NC:SP:225 F88661

CATEGORY: CLASSIFICATION

TARIFF NO.: 9503.90.0045; 6217.10.8500

Mr. Richard Tinelli
Mastercargo, Inc.
161-15 Rockaway Blvd.
Jamaica, N.Y. 11434

RE: The tariff classification of an imitation gumball machine and hair ornaments from China

Dear Mr. Tinelli:

In your letter dated June 12, 2000, received in this office on June 21, 2000, you requested a tariff classification ruling on behalf of your client Brod, Inc.

A sample of the “bank gumball machine,” style #87846, was submitted with your inquiry. The imitation gumball machine is made of plastic and measures approximately 6 ½” high by 3” in diameter. It resembles a real gumball machine with a clear plastic globe that sits on top of a base. The base incorporates a turning knob with internal gears that allow dispensing of very small objects. Furthermore, a slot is located at the back of the base, allowing for use as a coin bank. We note that the dispensing portion of the unit is not coin-operated. The globe is imported filled with elasticized hair ornaments, which must be removed from a lid at the top of the globe (the hair ornaments are too large for dispensing through the gear mechanism). The hair ornaments are constructed with two plastic balls affixed at either end, which overlap to hold the hair in place.

The classification of merchandise under the HTS is governed by the General Rules of Interpretation (GRI'S). The Explanatory Notes, which represent the official interpretation of the HTS at the international level, for GRI 3(b), define "goods put up in sets for retail sale." Such goods: (a) consist of at least two different articles that are classifiable in different headings, (b) consist of products put up together to meet a particular need or carry out a specific activity, and (c) are put up in a manner suitable for sale directly to users without repacking.

The gumball machine is made up of disparate articles which, when combined, do not address one particular need or activity. Playing with an imitation gumball machine and grooming oneself are two separate and distinct activities. Therefore, each item in the retail package is separately classifiable.

We note that due to the construction, size, and limited function of the gumball machine it is our opinion that the primary use of the article will be as a toy for amusement purposes. Your sample is being returned as requested.

The applicable subheading for the plastic toy gumball machine 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 hair ornaments will be 6217.10.8500, Harmonized Tariff Schedule of the United States (HTS), which provides for “Other made up clothing accessories; parts of garments or of clothing accessories, other than those of heading 6212: Accessories: Other: Headbands, ponytail holders and similar articles.” The duty rate will be 15% ad valorem.

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 212-637-7028.

Sincerely,

Robert B. Swierupski
Director,

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