CLA-2 CO:R:C:F 953102 LPF

Joel K. Simon, Esq.
Serko & Simon
One World Trade Center - Suite 3371
New York, NY 10048

RE: Bottles with bubble solution and wands, suspended on textile cords; Heading 9503, HTSUSA, other toy; Not 7117, imitation jewelry; HRL 952296

Dear Mr. Simon:

This is in response to your letter of December 16, 1992 on behalf of Russ Berrie and Company, Inc. Your inquiry requests the proper classification, under the Harmonized Tariff Schedule of the United States Annotated (HTSUSA), of plastic bottles with bubble solution and wands, suspended on textile cords. You submitted samples with your request for a binding ruling.

FACTS:

The articles at issue, item numbers 18119, 19612, and 19639, are imported from Taiwan and consist of plastic bottles filled with various colored bubble solutions. The bottles range in size from approximately 2-1/4 to 2-5/8 inches in height and come in various designs such as penguins, hearts, and bear cubs. Each bottle has a small plastic wand attached to the inside of the bottle's screw cap. The wand is used for blowing bubbles. The bottles are attached to man-made fiber textile neck cords by a removable plastic clip so that the bottle can be easily separated from the neck cord and then reattached.

ISSUE:

Whether the bottles with bubble solution and wands, suspended on textile cords, are classifiable in heading 9503 as other toys or in heading 7117 as imitation jewelry.

LAW AND ANALYSIS:

The General Rules of Interpretation (GRI's) taken in their appropriate order provide a framework for classification of merchandise under the HTSUSA. Most imported goods are classified by application of GRI 1, that is, according to the terms of the

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headings of the tariff schedule and any relative section or chapter notes. The Explanatory Notes (EN's) to the Harmonized Commodity Description and Coding System, which represent the official interpretation of the tariff at the international level, facilitate classification under the HTSUSA by offering guidance in understanding the scope of the headings and GRI's.

The articles potentially are classifiable within heading 9503 as other toys or within 7117 as imitation jewelry. In regard to heading 9503, the EN's to Chapter 95 indicate that "this chapter covers toys of all kinds whether designed for the amusement of children or adults." It is Customs position that the amusement requirement means that toys should be designed and used principally for amusement. See Additional U.S. Rule of Interpretation 1(a), HTSUSA. Customs defines principal use as that use which exceeds each other single use of the article.

It is our position that these articles consisting of bottles with bubble solution are toys. The bubble solution is a plaything which a child repeatedly will take off his neck for the purpose of blowing bubbles. Even if worn around the neck, it is apparent the child principally will use the article to blow bubbles. It is likely that once the supply of bubble solution has been depleted, the novelty and purpose of this article will cease to exist and, as a result, the child will discard the empty plastic bottle and textile cord. Accordingly, the articles are designed and used principally for amusement.

In regard to heading 7117, Legal Notes 8 and 10 to Chapter 71 indicate that the expression "imitation jewelry" includes any small objects of personal adornment, gem-set or not, such as rings, bracelets, necklaces, brooches, earrings, watch chains, fobs, pendants, etc. The subject articles do not fit the description of imitation jewelry provided in the Legal Notes. Webster's Third New International Dictionary (1968), defines a necklace as "1(a) (1): a string of beads or other small objects (as precious stones) that is worn about the neck as an ornament (2): a chain or band usu. of metal often specially decorated... and worn about the neck as an ornament." These articles, in their entirety, are not necklaces because they are not worn around the neck as ornaments. The American Heritage Dictionary Second College Edition (1985), defines a pendant as "something suspended from something else, esp. an ornament or piece of jewelry attached to a necklace or bracelet." The bottle and bubble solution components are not pendants because they are not ornamental articles or pieces of jewelry attached to a necklace. The subject articles, simply, are not worn for adornment.

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This decision is in accord with Headquarters Ruling Letter 952296, issued December 15, 1992, where a plastic water gun suspended on a textile cord was classified as a toy. In that ruling Customs reasoned that:

The plastic water gun is not an ornamental article or a piece of jewelry..., it is a toy principally designed to provide amusement to children. The expectation of the child- consumer is not to wear the plastic water gun as an article of ornamentation, but rather to play with the merchandise for the purpose of amusement. The textile cord is not principally for wearing the water gun, but is more of a method to handle and carry the water gun in order to repeatedly fill it with water and squirt others or other objects. The textile cord is similar to the carrying or wearing straps of a camera or pair of binoculars which do not affect the function of the merchandise.

Likewise, the subject articles principally are used for amusement and are classified, pursuant to GRI 1, within 9503 as other toys. The appropriate subheading is 9503.90.60.

HOLDING:

The bottles with bubble solution and wands, suspended on textile cords, are classifiable in subheading 9503.90.6000, HTSUSA, as "Other toys...: Other: Other: Other toys (except models), not having a spring mechanism." The applicable rate of duty is 6.8 percent ad valorem.


Sincerely,

John Durant, Director