CLA-2-95:OT:RR:NC:N4:424
Ms. Dianna J. Garren Star Asia Customs, Trade and Security, Inc. 208 Church Street Decatur, Georgia 30030
RE: The tariff classification of the “2025-2026 Kids Workshop Monthly Kits” from China and Thailand
Dear Ms. Garren:
In your letter submitted on August 27, 2024, you requested a tariff classification ruling on behalf of your client, Benamy International, Inc.
Photographs and descriptions of five “2025 Kids Workshop Monthly Kits” were submitted with your inquiry. The “2025 Kids Workshop Monthly Kits” are comprised of a series of thirteen different children’s educational activity kits which are introduced at the beginning of every month. The products are intended to be purchased and built in a retail store setting to promote an enjoyable and educational activity for young children with adult supervision. Each craft kit includes an instruction sheet, a paper insert labeled “Workshop Extension Activity” suggesting additional ways to utilize the completed craft kit, a plastic achievement pin, stickers and a completion certificate to promote a sense of accomplishment for the child completing the project. The five kits under consideration for this ruling refer to the crafts to be introduced in the months of July through November 2025.
July’s kit, item number 71194, is a wooden “Toucan Mobile Kit.” The bird mobile kit consists of wooden pieces, a sticker sheet, string, plastic pegs and assembly hardware.
August’s kit, item number 71195, is a wooden “Space Odyssey Kit” consisting of an open faced wooden box with 3 hanging wooden space objects, (a rocket, a spaceship and a moon) each on a string, tied to open slats at the top of the display box. The kit includes the wood components, a clear plastic sheet, string, a sticker sheet and assembly hardware.
September’s kit, item number 71196, is referred to as a “Crop Duster Kit.” The completed kit forms a miniature wooden airplane. The kit contains wooden pieces, a sticker sheet, plastic wheels, plastic pegs and assembly hardware.
October’s craft kit, item number 71197, is a wooden “Haunted Candy Box Kit” in the shape of a spooky house. The kit consists of wooden pieces used to assemble the candy box, a sticker sheet and assembly hardware. The finished product will be used to hold candy.
November’s kit, item number 71198, is referred to as a “Excavator Kit.” The completed kit forms a miniature wooden excavator. The kit contains wooden pieces, a sticker sheet, plastic wheels, plastic pegs and assembly hardware.
By following the enclosed instructions in each kit, children 5 years of age or older will derive amusement creating and building their own do it yourself projects. In each case, the craft kit’s amusement value is greater than the utilitarian value of the finished article. As assembled, the completed items will be flimsily constructed and, in all likelihood, will not be used over a long period of time.
You suggest classification of the aforementioned “2025 Kids Workshop Monthly Kits” as toys under 9503.00.0073, Harmonized Tariff Schedule of the United States (HTSUS). This office concurs that the subject products are toy craft kits and agrees these items are properly classified under 9503.00.0073, HTSUS, since the craft kits are principally designed for the amusement of children 5 years of age and older. The applicable subheading for the “2025 Kids Workshop Monthly Kits,” items 71194 - 71198, 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.
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