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NY J83003




April 10, 2003

CLA-2-95:RR:NC:SP:225 J83003

CATEGORY: CLASSIFICATION

TARIFF NO.: 4820.90.0000; 6505.90.8090; 9503.90.0080; 9505.90.6000

Ms. Anna Maria Salas Rogalski
Disguise™ Inc.
11906 Tech Center Court
Poway, CA 92064

RE: The tariff classification of a paper pad, a hat, handcuffs, a billy club, and a utility belt from China.

Dear Ms. Salas Rogalski:

In your letter dated March 28, 2003, you requested a tariff classification ruling.

You have submitted the following samples:

Item #IM876, Meter Mate Utility Belt Set, consists of a black big buckled belt made of vinyl that is sized for a child and resembles a utility belt worn by a police officer. Also included with the utility belt, are two plastic handcuff keys and plastic handcuffs sized for a child’s wrist, a plastic billy club that measures approximately 14 inches in length and 1 inch in diameter, and a paper pad marked “Police Ticket” with various “offenses” listed. In order to determine if the instant shipment qualifies as a set, we refer to The Explanatory Notes to the Harmonized Tariff System, which provides guidance in the interpretation of the Harmonized Commodity Description and Coding System at the international level. Explanatory Note (i) for Subheading 9503.70 states, in part, that “Sets are two or more different types of articles (principally for amusement), put up in the same packing for retail sale without repacking.” The instant shipment is not considered to be a set for tariff classification purposes since these goods are not retail packed. Therefore, each article will be classified separately in its own respective tariff number.

Item #IM877, Meter Mate Hat, a blue hat made of 45 percent nylon, 40 percent cardboard, and 15 percent polyurethane with a black brim that resembles a police officer’s hat. The hat is decorated on front with a sewn-on silver badge with a star in its center and the words “Meter Mate.”

The applicable subheading for the paper pad of Item #IM876 will be 4820.90.0000, Harmonized Tariff Schedule of the United States (HTS), which provides for other (than certain enumerated) articles of stationery, of paper or paperboard. The rate of duty will be 0.5 percent ad valorem.

The applicable subheading for Item #IM877, Meter Mate Hat, will be 6505.90.8090, Harmonized Tariff Schedule of the United States (HTS), which provides for “Hat and other headgear, knitted or crocheted, or made up from lace, felt or other textile fabric,whether or not lined or trimmed: Other: Of man-made fibers: Not in part of braid, Other: Other.” The rate of duty will be 19 cents per kg plus 6.9 percent ad valorem.

Item #IM877, Meter Mate Hat, falls within textile category designation 659. Based upon international textile trade agreements products of China are subject to quota and the requirement of a visa.

The designated textile and apparel categories and their quota and visa status are the result of international agreements that are subject to frequent renegotiations and changes. To obtain the most current information, we suggest that you check, close to the time of shipment, the U.S. Customs Service Textile Status Report, an internal issuance of the U.S. Customs Service, which is available at the Customs Web site at www.customs.gov. In addition, the designated textile and apparel categories may be subdivided into parts. If so, visa and quota requirements applicable to the subject merchandise may be affected and should also be verified at the time of shipment.

The applicable subheading for the handcuffs and billy club of Item #IM876 will be 9503.90.0080, HTS, which provides for “Other toys; reduced-size ("scale") models and similar recreational models, working or not; puzzles of all kinds; parts and accessories thereof: Other: Other.” The rate of duty will be free.

The applicable subheading for the Meter Mate Utility Belt of Item #IM876 will be 9505.90.6000, HTS, which provides for “Festive, carnival or other entertainment articles, including magic tricks and practical joke articles; parts and accessories thereof: Other: Other.” The rate of duty will be free.

Your samples are being returned as requested.

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 Wong at 646-733-3026.

Sincerely,

Robert B. Swierupski
Director,

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