CLA-2-95:OT:RR:NC:N4:424
Mr. Dennis Morse
BDP International, Inc.
2721 Walker Avenue N.W.
Grand Rapids, MI 49504
RE: The tariff classification of an Everlasting Light Stick and a Flashing Sparkler from China
Dear Mr. Morse:
In your letter dated May 26, 2011, you requested a tariff classification ruling on behalf of Meijer Distribution.
Samples of the products referred to as an Everlasting Light Stick, item # 2936554, and a Flashing Sparkler, item # 5202192, were received with your inquiry. The first item, an Everlasting Light Stick, which measures approximately 7’” long, has a white plastic tubular shaped bottom with a purple top, attached to a lanyard. The white portion is printed with black bats and spiders. When the user pushes a small button at the top of the stick, it displays an array of color changes. The patterns of the lights and their color changes may be adjusted by pushing the aforementioned button. The product is designed for the amusement of children 4 years of age and older.
The second item, a Flashing Sparkler, is comprised of an orange, pumpkin printed foam cylindrical rod that measures approximately 16” long and encases LED lights inside its length. When the user pushes a small button at the base of the stick, it activates the flashing lights and displays an array of color changes. The patterns of the lights and their color changes may be adjusted by pushing the aforementioned button. The product is designed for the amusement of children 3 years of age and older. The samples will be returned as requested.
The applicable subheading for the Everlasting Light Stick and the Flashing Sparkler will be 9503.00.0083, 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: Labeled for use by persons 3 to 12 years of age.” 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/.
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