CLA-2-95:OT:RR:NC:N4:424
Ms. Ninette Pembleton
MGA Entertainment
16300 Roscoe Blvd. #150
Van Nuys, CA 91406
RE: The tariff classification of the “Bratz Selfie Stick + Jade” from China
Dear Ms. Pembleton:
In your letter dated July 22, 2015, you requested a tariff classification ruling.
A sample of the “Bratz Selfie Stick + Jade” was received with your inquiry. The item consists of the “Bratz” doll Jade (a Cloe version will also be available), a telescoping “selfie stick” that extends to approximately 24” in length, a “Bratz” lip phone holder and a hand-held remote. The remote wirelessly controls the camera shutter of one’s smart phone once it is synched via Bluetooth. The “Bratz” doll measures approximately 11” in height and comes with a complete outfit including appropriately sized shoes, a pair of earrings, and a toy smart phone with case.
In your request you suggest that the items be classified together under the toy provision. Note 4 to Chapter 95 allows articles that are imported packaged together with toys for retail sale to be classified in heading 9503, Harmonized Tariff Schedule of the United States (HTSUS), provided that the combination of items do not constitute a set under GRI 3(b), and the combination has the essential character of toys. Also, for Note 4 to apply, the toy and non-toy item(s) must complement one another to the extent that together they can be used for “amusement, diversion or play” in order to possess “the essential character of toys.”
While the articles are imported packaged together, have components classified in multiple headings and do not constitute a set under GRI 3(b), the doll, selfie stick and remote do not complement one another for amusement purposes. While you state that children will pose with their fashion doll to take pictures using their selfie stick and remote with their smart phone, there is nothing to suggest that children will use these articles together with the doll for amusement purposes. Furthermore, with regards to Note 4, in order to meet the terms of this note the non-toy(s) items can include one or more items of minor importance. Based on the information supplied, the selfie stick and remote make up the majority of the value of the items, clearly making them more than just articles of minor importance. Therefore, these items do not meet the requirements of Note 4 to Chapter 95 and they will be classified separately. Only the “Bratz” doll and its accessories are toys. They are principally designed for the amusement of children 5 years of age and older.
The applicable subheading for the “Bratz” doll and accessories will be 9503.00.0073, 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.
The applicable subheading for the radio remote control device will be 8526.92.5000, HTSUS, which provides for Radar apparatus, radio navigational aid apparatus and radio remote control apparatus: Other: Radio remote control apparatus: Other. The rate of duty will be 4.9 percent 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/.
As for the “selfie stick,” additional information is necessary in order to provide a classification. Please provide a material of composition breakdown for the “Selfie Snaps” stick with lip attachment. Can this stick be used without the lip attachment? Can a camera be mounted directly onto the screw located at the top of the stick?
If you decide to resubmit your request for the “selfie stick,” please include all of the material that we have returned to you regarding this item and mail your request to U.S. Customs and Border Protection, Customs Information Exchange, 10th Floor, One Penn Plaza, New York, NY 10119, attn: Binding Rulings Section.
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