CLA-2-95:OT:RR:NC:2:224
Mr. Kevin Anderson
Wham-O Inc.
5903 Christie Avenue
Emeryville, CA 94608
RE: The tariff classification of Snow Ball Blaster Target Game and Snow Boogie Air Disc from China
Dear Mr. Anderson:
In your letter dated June 18, 2008 you requested a tariff classification ruling.
Two samples were received with your inquiry and are identified as the Snow Ball Blaster Target Game, item number 38135, and the Snow Boogie Air Disc, item number 38036.
The first item, the Snow Ball Blaster Target Game, is a hand-held snow ball launcher which is constructed of transparent plastic with a red marking surrounding the launcher’s opening. The item is approximately 17” long x 12” tall. To use the Snow Ball Blaster, a child would make an appropriate sized snow ball and place it in the launcher opening. While holding the Snow Ball Blaster’s grip with one hand, the “power-pull” launch handle is retracted by the user’s other hand to the end of the tube and released, which launches the snow ball. The child can regulate how far back to pull the launch handle, which allows the child to vary the distance and speed at which to launch the snow ball. The snow ball is launched by use of “Elastic Zectron” bands and is claimed to fire a snow ball up to 80 feet. There is an area above the launching scoop which will allow for the creation and storage of three additional snow balls.
The retail gift carton doubles as a target to shoot the snow balls at. In a wide open outdoor area one would place the target box, which has fold out targets of varying point amounts, and then shoot the snowballs. Each player would blast snowballs at the target, taking turns to hit the various areas of the target to score points. The first player to reach 300 points wins. The Snow Ball Blaster is not meant to launch snow balls at other people. It is recommended for children aged 8 years and up.
In your ruling request, you suggest classification of the Snow Ball Blaster Target Game under 9503.00.0080, Harmonized Tariff Schedule of the United States (HTSUS). However, this item is described and being marketed as a competitive game of skill and will be classified as such.
The second item, the Snow Boogie Air Disc, consists of a circular cut piece of Polyethylene (PE) foam with a PE graphic top, PE slick skin bottom and two handles. It is intended for use by children in the snow. It is approximately 23 inches in diameter. It is designed for children as a device for sliding on snow covered surfaces.
You state that the product is not steer-able and that the item is similar to the items in ruling number NY J86805, which was deemed classifiable in subheading 9503.90.0080. However, the Snow Boogie Air Disc more closely resembles the product in ruling number NY L85106. In that ruling a Snow Boogie Board Saucer, also 23 inches in diameter and with handles, was classified under heading 9506. Heading 9506 of the HTSUS provides in part for articles and equipment for general physical exercise, sporting activities and outdoor games. It includes articles used for physical, recreational activities in the snow such as snow-ski equipment, sleds, toboggans and the like. The Snow Boogie Air Disc is of the same class or kind as the aforementioned articles. Heading 9506 more accurately describes the idea and function of the Snow Boogie Air Disc than does the tariff provision for other toys in subheading 9503.90.0080, HTSUS.
The applicable subheading for the Snow Ball Blaster Target Game will be 9504.90.9080, 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 Snow Boogie Air Disc will be 9506.99.4500, HTSUS, which provides for "Articles and equipment for general physical exercise, gymnastics, athletics, other sports (including table tennis) or outdoor games…Other: Sleds, bobsleds, toboggans and the like and parts and accessories thereof: Other, including parts and accessories. " The rate of duty will be 2.8 percent ad valorem.
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/.
The submitted samples are not marked with the country of origin. Therefore, if imported as is, the items will not meet the country of origin marking requirements of 19 U.S.C. 1304. Accordingly, they would be considered not legally marked under the provisions of 19 C.F.R. 134.11 which states, “every article of foreign origin (or its container) imported into the U.S. shall be marked in a conspicuous place as legibly, indelibly, and permanently as the nature of the article (or container) will permit, in such manner as to indicate to the ultimate purchaser in the U.S. the English name of the country of origin of the article.”
With regards to the Snow Ball Blaster, imitation firearms must conform to the marking requirements of 15 U.S.C. 5001; 15 CFR Part 1150. It appears that the item may not conform to these requirements and may not be admissible as the Snow Ball Blaster does not have a blaze orange marking on the exterior of the barrel.
The Department of Commerce has final authority in this matter. For further information concerning the proper marking of your imitation firearm, you may contact Mark S. Madsen or Jessica Cha at (301) 975-2137. To request an official determination, include the imitation firearm sample and send to:
Department of Commerce
Office of NIST Counsel
Administration A-520
Mail Stop 1052
Gaithersburg, MD 20899-1052
In addition, since the Snow Ball Blaster is designed for a young child, it may be subject to laws, regulations and restrictions administered by the U.S. Consumer Products Safety Commission (CPSC). You are advised to contact the CPSC to determine if the article complies with any pertinent safety standard regulations. Information on import compliance regulations and restrictions administered by the CPSC may be obtained by contacting the U.S. Consumer Products Safety Commission at 4330 East West Highway, Bethesda, MD 20814, telephone (301) 504-7912, or email: [email protected].
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