CLA-2-95:OT:RR:NC:N4:424
Ms. Debra Izzo
Hasbro, Inc.
1 Hasbro Place
Providence, RI 02903
RE: The tariff classification of the “Disney Playmation” toys from China
Dear Ms. Izzo:
In your letter dated July 21, 2015, you requested a tariff classification ruling.
Three samples from the new “Disney Playmation” product line of interactive toys were submitted with your inquiry. The three samples are the Marvel’s Avengers Basic Starter Pack, item B1074, Marvel’s Avengers Gamma Gear Starter Pack, item B1131, and Marvel’s Avengers Ultron Prowler Bot, item B2822.
The Basic Starter Pack consists of an Iron Man Repulsor Gear (an item replicating Iron Man’s hand blaster), Captain America and Iron Skull Smart Figures and 2 Power Activators. Twelve AA batteries are required for operation. The Gamma Gear Starter Pack includes two Hulk Gamma Gear Hands (fists), a Loki Smart Figure and a Power Activator. Ten AA batteries are required for operation.
In order to start a mission, a smart figure is placed on a specially designed area on the Power Activator. The Power Activator directs the mission and battles, with instructions spoken in the voice of Iron Man’s artificial-intelligence computer JA.R.V.I.S. It also emits various other sound effects. Children aim their wearable gear at a target on the Power Activator, which illuminates with various colors (e.g. a flashing red light means a “hit”) and vibrates during battle. The smart figure will pop off the Power Activator when defeated. Both the Repulsor Gear and Gamma Hands incorporate an accelerometer to track motion and gestures. It also communicates with the Power Activators within an approximately 15 foot area via the use of Bluetooth (radio-frequency) and infrared technology. Winning a battle allows children to “level-up” their powers, earn rewards and acquire new abilities for future missions. Each starter pack incorporates 25 missions. Additional missions can be transferred from the “AvengersNet” app to the Playmation products, when downloaded onto a smart device. However, the app is not required in order to play with the toys.
The Ultron Prowler Bot is a two-wheeled mobile vehicle with 360-degree motion capability that resembles the villain Ultron. It is sold separately but is compatible with both starter packs. Once synchronized, the bot becomes part of the play experience as it communicates with the wearable gear and Power Activator. Four AA batteries are required for operation.
Each of the toys allow children to create an immersive interactive role-play experience as they pretend to be Iron Man or the Hulk on a mission to battle and defeat the super-villains. This play experience encourages children to become part of the story-line in real-life as they actively play out their adventures using their imagination, while running, jumping, punching, ducking, dodging and shooting at the super-villains with their “wearable technology” gear. The items are principally designed for the amusement of children 6 years of age and older.
The applicable subheading for the “Disney Playmation” Marvel’s Avengers Basic Starter Pack, Marvel’s Avengers Gamma Gear Starter Pack, and Marvel’s Avengers Ultron Prowler Bot 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/.
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