CLA-2-95:OT:RR:NC:2:224
Ms. Amy Schmerl
Wild Planet Entertainment, Inc.
225 Bush Street, Suite 1300
San Francisco, CA 94104
RE: The tariff classification of Spy Toys from China
Dear Ms. Schmerl:
In your letter dated June 2, 2008, you requested a tariff classification ruling.
Seven samples from the “Spy Gear” line of products were received with your inquiry. Please be advised that future ruling submissions can only contain a maximum of five items of the same type or class.
The “Roll-in Blaster”, item number 70232, is a blow-apart spy trap in the shape of a ball. Once a child activates the item, it can be rolled or placed on any surface and in seven seconds the device will emit a siren sound and three soft-shell fragment covers blast apart. The item is designed to right itself after it has been rolled, allowing the fragments to fly into the air. The toy is for children ages six and up.
The “Micro Spy Kit X-4”, item number 70236, is a utility belt with four spy tools. These tools include a finger laser light, a micro shooter, a motion alarm and a secret agent pen and reading device. Children can use their imaginations to pretend they are on a spy mission and they are using these tools to see in the dark, detect intruders and defend themselves against enemies. The toy is for children ages six and up.
The “Spy Audio Car”, item number 70210, is a pull-back spy car with a remote audio receiver. The car has a built-in microphone which transmits sounds over 75 feet to a wireless receiver. The wireless receiver includes an ear bud to allow a child to hear the sounds being picked up by the car. A child can pretend to be on a spy surveillance mission and use the car as a “listening bug.” The toy is for children ages six and up.
The blue-tinted plastic spy “Night Goggles”, item number 70235, has an adjustable head strap which includes a power pack and cables that power two blue LED lights which are claimed to shine up to 25 feet. Attached to the goggles is a retractable flip-out scope and crosshairs. The toy is for children ages six and up.
The “Spyfire”, item number 70237, is a dart blaster controlled by a wireless remote. The wireless remote, with a built-in sight finder, is attached to the back of the blaster and serves as the blaster’s handle. This wireless remote can also be removed for remote operation up to a distance of 25 feet by having the blaster stand on its retractable tripod. The “Spyfire” blaster is black with a red marking around the barrel and can be used in three different firing modes. The toy is for children ages six and up.
The “Spy Wire”, item number 64001, is a board game in which the object is to deactivate your opponent’s explosive before he deactivates yours. Each player takes turns sliding the tiles and wiring the circuits before time runs out. The game is designed for two players. The player who dismantles the explosive first wins the competition. The game is for children ages seven and up.
The “Spy Trackdown”, item number 64002, is a board game which has two objectives: to find the covert agents and to find and capture the mastermind. It is described on the retail box as a “Find-the Enemy Strategy Game”. The game may be played by a maximum of four players and it is suitable for children ages eight and up.
The applicable subheading for the “Roll-in Blaster”, “Micro Spy Kit X-4”, “Spy Audio Car”, “Night Goggles” and “Spyfire” will be 9503.00.0080, 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.
The applicable subheading for the “Spy Wire” and “Spy Trackdown” will be 9504.90.6000, Harmonized Tariff Schedule of the United States (HTSUS), which provides for “Articles for arcade, table or parlor games…; parts and accessories thereof: Other: Other: Chess, checkers, parchisi, backgammon, darts and other games played on boards of special design, all the foregoing games and parts thereof (including their boards);…poker chips and dice.” 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/.
With regards to the “Spyfire”, imitation firearms must conform to the marking requirements of 15 U.S.C. 5001; 15 CFR Part 1150. It appears that the item does not conform to these requirements and may not be admissible as the “Spyfire” 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
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