CLA-2-95:OT:RR:NC:2:224

Ms. Amy Schmerl
Wild Planet Entertainment, Inc.
225 Bush Street, Suite 1300
San Francisco, CA 94104

RE: The tariff classification of the Hyper Jump, the Animal Scramble and the Water Babies from China

Dear Ms. Schmerl:

In your letter dated June 2, 2008, you requested a tariff classification ruling.

Three products have been received with the ruling request and are described as the Hyper Jump, the Animal Scramble and Water Babies. Item number 46005, the Hyper Jump, is a battery-operated target tag game that is played according to the commands given to the players by the electronic game unit. The item consists of four targets which are connected by tubes to the electronic game unit. The players choose a game and then follow the instructions of the voice emitted from the unit located in the center of the game and hit the target with their hands and/or feet. The player who completes the moves in the fastest time wins the game. The game is designed for children six years and older.

Animal Scramble, item number 46004, is described as a “Listen-and-Learn Game of Animal Tag.” The players set up the animal game pieces and listen to the clues from the giraffe “tagger.” In responding to the clues, the player who tags the most animals wins the game. The game is geared for children three years and older.

The third product, Water Babies, item #51023, consists of a rubber baby doll dressed in a textile outfit and hat, a plastic toy bottle, a miniature toy bear, a miniature book and a plastic funnel. The doll may be filled with warm water by using the included funnel. When the doll is filled with water, it moves and feels like a real baby. The toy bear may also be filled with water. All three samples will be returned, as requested by your office.

The applicable subheading for the Hyper Jump and the Animal Scramble will be 9504.90.9080, Harmonized Tariff Schedule of the United States (HTSUS), 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: Other: Other.” The rate of duty will be free. The applicable subheading for the Water Babies will be 9503.00.0080, Harmonized Tariff Schedule of the United States (HTSUS), which provides for “Tricycles, scooters, pedal cars and similar wheeled toys…dolls, other toys…puzzles of all kinds; parts and accessories thereof…Other.” The rate of duty will be free.

Duty rates are provided for your convenience and are subject to change. The text of the most recent HTSUS and the accompanying duty rates are provided on World Wide Web at http://www.usitc.gov/tata/hts/.

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 James Forkan at 646-733-3025.

Sincerely,

Robert B. Swierupski
Director,
National Commodity
Specialist Division