CLA-2-95:S:N:N8:225 806882
Mr. Fred Goris
Fisher-Price, Inc.
636 Girard Ave.
East Aurora, New York 14052
RE: The tariff classification of a toy motor assembly from
Mexico
Dear Mr. Goris:
In your letter dated February 7, 1995, received in this
office on February 13, 1995, you requested a tariff class-
ification ruling.
A sample of the motor assembly, part #939271, was
submitted with your inquiry along with a sample of the
finished retail product. The motor assembly unit will be
manufactured in Mexico, imported into the U.S., and
incorporated into the "Baseball Training Center".
The "Baseball Training Center" is comprised of a
plastic bat, 5 balls and a motorized unit with a standing
net attached. The unit serves to pitch the balls to the
child and, as the balls are thrown or hit back into the net,
the unit accepts the balls for continuous return action. A
choice of two speed settings, slow and fast, may be selected
for the pitch. The child can either practice catching the
ball or hitting it with the bat. Four "D" size batteries
are required for operation. This product, designed for
children ages 3 and up, is considered a toy for classifi-
cation purposes.
Your letter states the motor assembly is custom made
for the "Baseball Training Center". Several unique features
that dedicate the piece for use primarily with the finished
product are: 1) a specially made wheel composed of a
spindle, metal cap plastic cap and foam piece. 2) a housing
equipped with a spring loaded guard which prevents articles
from directly entering the return slot. 3) specially
designed wiring.
Chapter Note 3 of the Harmonized Tariff Schedule of the
United States maintains that "parts and accessories which
are suitable for use solely or principally with articles of
this chapter are to be classified with those articles".
Accordingly, since it has been established that the above
described motor assembly unit is designed primarily for the
"Baseball Training Center" the piece is considered a toy
part.
The applicable subheading for the "Motor Assembly",
Part No. 939271, will be 9503.80.0050, Harmonized Tariff
Schedule of the United States (HTS), which provides for
other toys and models, incorporating a motor: parts and
accessories. The rate of duty will be free.
This ruling is being issued under the provisions of
Section 177 of the Customs Regulations (19 C.F.R. 177).
A copy of this ruling letter should be attached to the
entry documents filed at the time this merchandise is
imported. If the documents have been filed without a copy,
this ruling should be brought to the attention of the
Customs officer handling the transaction.
Sincerely,
Jean F. Maguire
Area Director
New York Seaport