CLA-2-95:OT:RR:NC:N4:424
Mr. Christopher Dalipe
Dynacraft BSC Inc.
89 South Kelly Road
American Canyon, CA 94503
RE: The tariff classification of a wheeled toy from China
Dear Mr. Dalipe:
In your letter dated July 16, 2015, you requested a tariff classification ruling.
Photographs and a description of the “6V Motorcycle/BMW,” model number 8801-94, were received with your inquiry. The item is a wheeled toy that operates on a 6V rechargeable battery which allows for a maximum speed of 2 mph. The frame, front fork, handlebar, pedals, cylinder head and rear exhaust muffler are made of steel while the rest of the item is predominantly composed of polypropylene. It is also equipped with a battery charger and training wheels with rubber tires. The maximum weight that the motorcycle can hold is 65 lbs. The wheeled toy is designed for the amusement of children 3 years of age and older.
The applicable subheading for the “6V Motorcycle/BMW” will be 9503.00.0073, 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… ‘Children’s products’ as defined in 15 U.S.C. § 2052: Other: Labeled or determined by importer as intended 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/.
Importations of this product may be subject to the provisions of Section 133 of the Customs Regulations if they copy or simulate a registered trademark, trade name or copyright recorded with U.S. Customs and Border Protection. If you are an authorized importer of the product we recommend notifying your local CBP office prior to importation.
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