CLA-2-95:OT:RR:NC:2:224
Mr. Eric B. Hutchens
Cortez, A Subsidiary of
Russell A. Farrow (U.S.) Inc.
4950 West Dickman Road
Battle Creek, MI 49015
RE: The tariff classification of a “Star Trek” Flash Badge from China
Dear Mr. Hutchens:
In your letter dated October 24, 2008, you requested a tariff classification ruling on behalf of Kellogg Company.
A representative sample of the Starfleet Command badge was received with your inquiry. The flash badge, constructed of plastic, is shaped to depict the insignias of three Starfleet divisions, namely, Command, Engineering and Science, and the insignias of the Klingon and the Romulan Empires. While the item is described as a badge, it does not contain any type of clip or fastener. The badge incorporates an on/off switch that when depressed activates a small colored LED that illuminates part of the badge and also projects a weak beam of light. The LED is powered by a small non-replaceable button cell battery. The flash badges will be used by children who wish to pretend to be one of the particular “Star Trek” characters that the badges represent. The amusement value of the item outweighs any utilitarian aspect that the light may provide. The flash badges will be imported in bulk form by the Kellogg Company from the foreign supplier and then sent to a third party packaging company for individual packing of each badge in a sealed plastic pouch. The items are then sent to the cereal manufacturing plants for the final insertion into breakfast cereal boxes, for promotional purposes. As requested, we will not return the sample.
The applicable subheading for the “Star Trek” Flash Badge 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 product 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 a 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