CLA-2-95:OT:RR:NC:N4:425
Mr. David Prata
OHL International at CVS Health
Mail Code 5055
1 CVS Drive
Woonsocket, RI 02895
RE: The tariff classification of a Resin Bobble Head from China.
Dear Mr. Prata:
In your letter dated April 18, 2016, you requested a tariff classification ruling.
The submitted sample, CVS item number 659516, identified as a “Bear Dressed as a Pilgrim Resin Bobble Head,” consists of a 4” figurine in the form of a three-dimensional bear attired in a pilgrim hat with big buckle, along with a traditional pilgrim outfit with large white collar. The bear also wears period shoes, each with a large buckle. The bear holds two ears of corn stripped of their husks in his left hand and a pumpkin in his right hand. The head of the figurine is mounted on a spring, allowing it to bobble when touched or moved. You state that the figurine is composed of polyresin with natural stone agglomerated throughout, and is not recommended for use by children.
You inquire whether this figurine is classifiable as an article of artificial stone or as a toy. However, this not a toy principally designed for amusement. Instead, it is a decorative item. Examination of websites featuring similar decorative bear pilgrim figures carrying/displaying food indicate that they are intended as decorations for Thanksgiving. The subject figurine will be classified accordingly.
Your sample will be returned as requested.
The applicable subheading for the “Bear Dressed as a Pilgrim Resin Bobble Head” will be 9505.90.6000, Harmonized Tariff Schedule of the United States (HTSUS), which provides for “Festive, carnival or other entertainment articles, including magic tricks and practical joke articles; Parts and accessories thereof: Other: Other.” 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 https://hts.usitc.gov/current.
We are unable to rule on the non-festive Scarecrow With Pumpkin Body Resin Bobble Head, Scarecrow With Grape Body Resin Bobble Head, and the Anthropomorphized Bird Wearing Apron and Kerchief Resin Bobble Head without additional information.
You state that the bobble heads are “composed of polyresin with natural stone powder agglomerated throughout.” From what type of stone is the powder made?
Please provide the precise geological identity of the stone (e.g., granite, gabbro, gneiss, basalt, syenite, marble, limestone, serpentine, etc.).
Please also identify the binding material and provide a breakdown of all components by weight and value, and indicate whether the stone/mineral material and the binding material are uniformly agglomerated throughout the body of the article.
We are retaining the samples for 60 days pending receipt of the rquested information.
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 Wayne Kessler at [email protected].
Sincerely,
Deborah C. Marinucci
Acting Director
National Commodity Specialist Division