CLA-2-95:OT:RR:NC:2:224
Ms. Sidestra Elvi
Liss Global, Inc.
7746 Dungan Road
Philadelphia, PA 19111
RE: The tariff classification of an Animated Truck Basket from Indonesia
Dear Ms. Elvi:
In your letter dated June 26, 2008, you requested a tariff classification ruling.
A sample of the truck basket, item number 9003300, was received with your inquiry. The product is an Animated Truck Basket that you refer to as an Easter basket. There are two styles of the item: an army truck and a fire rescue truck. Although the item may function as a novelty basket for Easter, or any occasion, it primarily will be used in the same manner as a toy truck. The truck basket has moving wheels that may be manipulated manually, or by means of the attached remote control device. In addition to the movement of the truck, the included batteries power the sound chip that imitates car noises. The sample will be returned as requested by your office.
The applicable subheading for the Animated Truck Basket 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.
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/.
The submitted sample is not marked with the country of origin. Therefore, if imported as is, the item will not meet the country of origin marking requirements of 19 U.S.C. 1304. Accordingly, the item would be considered not legally marked under the provisions of 19 C.F.R. 134.11 which states, “every article of foreign origin (or its container) imported into the U.S. shall be marked in a conspicuous place as legibly, indelibly, and permanently as the nature of the article (or container) will permit, in such manner as to indicate to the ultimate purchaser in the U.S. the English name of the country of origin of the article.”
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