CLA-2-95:OT:RR:NC:N4:424

Mr. Barry Klein
Klein International, Ltd.
9373 SW Barber Street
Wilsonville, OR 97070

RE: The tariff classification of the “Patriotic Light Up Glasses” from China

Dear Mr. Klein:

In your letter received on January 16, 2015, you requested a tariff classification ruling.

A sample of the “Patriotic Light Up Glasses,” SKU # 050535040873, was received with your inquiry. The “Patriotic Light Up Glasses” consist of plastic frames decorated with red, white and blue stars and stripes. Protruding atop the frame are two stars. Six LED lights, with three modes of lighting effects, run across the top of frames and into each star. There are no lenses in the frames nor are they capable of accommodating lenses. The ostentatious design and oversized nature of the frames indicates that the “Patriotic Light Up Glasses” are designed for amusement purposes. The packaging states that they are intended for use by adults only.

The applicable subheading for the “Patriotic Light Up Glasses” will be 9503.00.0090, 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 [email protected].

Sincerely,

Gwenn Klein Kirschner
Director
National Commodity Specialist Division