CLA-2-95:OT:RR:NC:N4:424
Ms. Debra Izzo
Hasbro, Inc.
1027 Newport Avenue
Pawtucket, RI 02861
RE: The tariff classification of three “Nerf Rival” products from China
Dear Ms. Izzo:
In your letter dated May 5, 2015, you requested a tariff classification ruling.
Three samples from the “Nerf Rival” product line aimed at teenagers were received with your inquiry. The first sample, referred to as “Zeus,” includes a blaster, 12 round foam “Nerf” balls (approximately 1” in diameter) and an ammo magazine. The “Zeus” blaster, which is motorized and runs on six C alkaline batteries, uses a “spinning wheels” launching mechanism to propel and quickly reload the foam balls. The second sample, “Apollo,” is a smaller blaster that contains seven similar foam “Nerf” balls and an ammo magazine. The “Apollo” blaster is manually operated and is activated by a spring and piston launching mechanism. Both items are principally designed for the amusement of children 14 years of age and older.
The third sample is described as a protective mask that covers the eyes as well as one’s face. It is imported and sold separately from the blasters and is available in either blue or red. The protective mask, which has a similar appearance to a paintball mask, is designed to be used in conjunction with the “Rival” blasters. You state that it is not required and that the protective mask is designed for simple role-play. While there may be an element of role-play in wearing the mask, it is not a toy principally designed for amusement. Due to the velocity at which the “Rival” foam balls travel, the mask serves a utilitarian purpose as it provides protection to one’s eyes and face from the flying projectiles, akin to a paintball mask.
The applicable subheading for the two “Nerf Rival” blasters, “Zeus” and “Apollo,” will be 9503.00.0090, 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 protective mask will be 9506.99.6080, HTSUS, which provides for "Articles and equipment for general physical exercise, gymnastics, athletics, other sports…or outdoor games…; swimming pools and wading pools; parts and accessories thereof: Other: Other: Other...Other." The rate of duty will be 4% ad valorem.
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 Nerf blasters, imitation firearms must conform to the marking requirements of 15 U.S.C. 5001; 15 CFR Part 1150. 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 [email protected].
Sincerely,
Gwenn Klein Kirschner
Director
National Commodity Specialist Division