CLA-2-95:OT:RR:NC:N4:424
Mr. Alexander Kopp
CVS Pharmacy Inc.
One CVS Drive
Woonsocket, RI 02895
RE: The tariff classification of a toy claw machine from China
Dear Mr. Kopp:
In your letter submitted on May 14, 2024, you requested a tariff classification ruling.
Photographs and a description of the “Toy Claw Machine,” item number 950791, were submitted with your inquiry.
The article under consideration, CVS Pharmacy item #950791, is a small scale, battery operated, plastic toy representation of a real claw machine, measuring approximately 12" in height, 8.7" in width, and 6.7" in depth. Printed on the front are the phrases, “Candy Grabber” and “Give Children the Best Gift.” The rectangular transparent container can be filled with candy, or small objects, by removing the red ‘roof’ of the claw machine. The claw/grabber is manipulated with 3 levers situated on the front of the machine; one lever moves the claw horizontally, front to back, the next lever moves it left to right and the third moves it up and down, in addition to opening the claw to grab candy. If the claw operator is successful at grabbing a treat and dropping it through the hatch, the item will come out through the square opening next to the levers. The machine is activated with the provided tokens and plays music when the claw is in use. Batteries and treats are not included with the product. Due to the construction, size, and limited function of the claw machine, it will be classified as a toy. The “Toy Claw Machine” is intended as a nostalgic gadget toy for the amusement of adults.
The applicable subheading for “Toy Claw Machine,” item number 950791, will be 9503.00.0090, Harmonized Tariff 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.
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.
The holding set forth above applies only to the specific factual situation and merchandise description as identified in the ruling request. This position is clearly set forth in Title 19, Code of Federal Regulations (CFR), Section 177.9(b)(1). This section states that a ruling letter is issued on the assumption that all of the information furnished in the ruling letter, whether directly, by reference, or by implication, is accurate and complete in every material respect. In the event that the facts are modified in any way, or if the goods do not conform to these facts at time of importation, you should bring this to the attention of U.S. Customs and Border Protection (CBP) and submit a request for a new ruling in accordance with 19 CFR 177.2. Additionally, we note that the material facts described in the foregoing ruling may be subject to periodic verification by CBP.
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, please contact National Import Specialist Roseanne Murphy at [email protected].
Sincerely,
Steven A. Mack
Director
National Commodity Specialist Division