NY 859010
Jan. 14, 1991
CLA-2-95:S:N:N3D:225 859010
Mr. John Slagle
7575 Holstein Ave.
Philadelphia, PA 19153
RE: The tariff classification of a toy gun from China with
batteries from Hong Kong
Dear Slagle:
In your letter dated Dec 18, 1990 you requested a tariff
classification ruling on behalf of your client S.R.M. Company,
Inc.
The toy gun is called Electronic Pulsating Fazer. In the
handle of the weapon is a cavity for two AA batteries which will
be imported with the gun. When the trigger is pulled back, the
batteries are activated. They generate an electric current which
causes a pulsating light to trace down the top of the barrel
inside a transparent dark red hood. Eight different sounds are
also produced and a mechanism makes the handle vibrates. The
batteries will be sent from Hong Kong to China for incorporation
in this toy. Upon importation into the United States they will
not be treated separately. Your gun is being returned as
requested.
The applicable subheading for the pulsating fazer will be
9503.80.2000, Harmonized Tariff Schedule of the United States
(HTS), which provides for Other toys and models, incorporating a
motor, and parts and accessories thereof: Toys: Incorporating an
electric motor. The duty rate will be 6.8 percent ad valorem.
Because this is a toy gun it is subject to Public Law 100-
615 which provides for specific marking. Although the front of
the barrel of this gun has a bright orange color and is 6mm deep
which would appear to meet the requirements of the law, it is
painted on. That will not satisfy the law. The blaze orange
plug or band on the muzzle end must be permanently affixed.
Paint is not considered permanent for the purposes of Public Law
100-615; 15 U.S.C. 5001; 15 CFR Part 1150; Federal Register Vol.
54, No. 86, pp 19358 (May 5, 1989). The Department of Commerce
has final authority in this matter. For further information,
please consult with Dr. Stanley Warshaw or Walter G. Leight,
Department of Commerce, (301) 975-4000.
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