CLA-2-95:RR:NC:SP:225 L88167
Ms. Lorianne Aldinger
Rite Aid Corporation
P.O. Box 3165
Harrisburg, PA 17105
RE: The tariff classification of a "Games Car Go Fun" assortment from China.
Dear Ms. Aldinger:
In your letter dated October 11, 2005, you requested a tariff classification ruling.
You submitted a "Games Car Go Fun" assortment identified as assortment number 920201, which is being returned upon your request. The assortment consists of seven toys or games designed for entertainment while riding in a car. Each toy or game is packaged in a thermos-like plastic container that measures approximately 8" in height and 3-1/2" in diameter and houses its own environment applicable to that toy or game. Each container's top screws-off and a hinged side opens-up allowing access to the toy or game and its applicable printed instruction sheet.
Poly Pocket is a toy set that contains a plastic 4" doll, her clothes, a pair of sneakers and a wall mirror. The interior of the container serves as a dollhouse. The Construction Playset is a toy set that contains a 2-1/2" dump truck, plastic construction workers, cargo, and a loading dock. The Fire Playset is a toy set that contains a 3" fire truck and fire station. Hot Wheels Automix Mini Mountain Car contains two 1-1/2" cars, a racetrack and racing flags.
Othello, Uno and Fun Fairytopia are considered games as they involve competition. Othello is a board game where the playing pieces are built into the board, which consists of two different colored tiles. Players try to outflank each other by flipping the board tiles to their color, and the player with the majority of tiles in their color wins. Uno is a card game whereby players using colored cards that have various assigned points compete to be the first to total 500 points. Fun Fairytopia is a game that features plastic water flowers, a seahorse and a fish. When the container is filled with water, a seashell-shaped button on the outside of the container is pushed which shoots the seahorse and fish upward in the water where they are attempted to be caught in the open flowers.
The applicable subheading for the "Games Car Go Fun" (Poly Pocket, Construction Playset, Fire Playset, and Hot Wheels Automix Mini Mountain Car) from assortment number 920201 will be 9503.70.0000, Harmonized Tariff Schedule of the United States (HTS), which provides for "Other toys, put up in sets or outfits, and parts and accessories thereof." The rate of duty will be Free.
The applicable subheading for the "Games Car Go Fun" (Othello) from assortment number 920201 will be 9504.90.6000, HTS, which provides for Articles for arcade, table or parlor games, including pinball machines, bagatelle, billiards and special tables for casino games...parts and accessories thereof: other: chess, checkers, parchisi, backgammon, darts and other games played on boards of a special design, all the foregoing games and parts thereof (including their boards); mah-jong and dominoes; any of the foregoing games in combination with each other, or with other games, packaged together as a unit in immediate containers of a type used in retail sales; poker chips and dice." The rate of duty will be Free.
The applicable subheading for the "Games Car Go Fun" (Uno and Fun Fairytopia) from assortment number 920201 will be 9504.90.9080, HTS, which provides for "Articles for arcade, table or parlor games, including pinball machines, bagatelle, billiards and special tables for casino games; automatic bowling alley equipment; parts and accessories thereof: Other: Other...Other." 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. If you have any questions regarding the ruling, contact National Import Specialist Alice Wong at 646-733-3026.
Sincerely,
Robert B. Swierupski
Director,
National Commodity
Specialist Division