CLA-2-95:OT:RR:NC:N4:424
Ms. Regina Woody
Hobby Lobby Stores, Inc.
7707 SW 44th Street
Oklahoma City, OK 73179
RE: The tariff classification of five model vehicles from China
Dear Ms. Woody:
In your letter dated February 20, 2015, you requested a tariff classification ruling.
A sample of each of the five models was received with your request. The first item, “Model Train,” item 795526, is a vintage steam-age train which has wheels that roll. It measures approximately 12” (L) x 3 ¾” (W) x 5 ¾” (H). The second item, “Model Large Black Motorcycle,” item 794388, is a vintage motorcycle that features wheels that roll and handlebars that control the front wheel’s direction. It measures approximately 14 ¾” (L) x 4” (W) x 8” (H). The third item, “Model Chevy Truck,” item 845875, is a vintage truck with wheels that roll. It has the General Motors trademark “Chevrolet” on the two doors and front fenders. The truck measures approximately 10” (L) x 4” (W) x 8” (H). The fourth item, “Model Biplane,” item 769638, is a vintage biplane that features wheels that roll and a propeller that turns. It measures approximately 9” (L) with a wingspan of 8 ¼”. The last item, “Model Large Sailboat,” item 696310, is a large vintage sailboat with cotton canvas sails that sits atop a black wooden base. It measures approximately 29” (L) x 4 ½” (W) x 33 5/8” (H). The train, motorcycle and truck are constructed predominately of metal, while the biplane and sailboat are mainly made of wood. All of the aforementioned items replicate vintage vehicles and are principally designed for amusement as they provide a pleasant diversion and are a source of enjoyment for adults. The sample of the “Model Train” is being retained for reference purposes.
The applicable subheading for the “Model Train,” “Model Large Black Motorcycle,” “Model Chevy Truck,” “Model Biplane,” and “Model Large Sailboat,” 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' carriages; dolls, other toys; reduced-scale ("scale") models and similar recreational models, working or not; 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/.
Importations of this product may be subject to the provisions of Section 133 of the Customs Regulations if they copy or simulate a registered trademark, trade name or copyright recorded with U.S. Customs and Border Protection. If you are an authorized importer of the product we recommend notifying your local CBP office prior to importation.
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