The tariff classification of a pulsating battery operated toy gun from China

NY 859540 January 18, 1991 CLA-2-95:S:N:N3D:225 859540 CATEGORY: Classification TARIFF NO.: 9503.80.2000 Thomas V. Yarnell Diversified Specialists, Inc. 1913 Southwest Frwy. Houston, Tx. 77098 RE: The tariff classification of a pulsating battery operated toy gun from China Dear Mr. Yarnell: In your letter dated Jan. 10, 1991 you requested a tariff classification ruling. The toy gun, DSI No. 24001 is called Electronic Pulsator Lazer Gun. In the handle of the weapon is a cavity for two AA batteries which will be imported with the gun. When the trigger is pulled back, the batteries are activated. They generate an electric current which causes a pulsating light to trace down the top of the barrel inside a transparent dark red hood. Eight different sounds are also produced and a mechanism makes the handle vibrates. The batteries will be imported in this toy. The item will come in three color schemes: blue, bright orange, and bright green all with dark red transparent hoods. Your guns are being returned as requested. The applicable subheading for the pulsator lazer toy gun will be 9503.80.2000, Harmonized Tariff Schedule of the United States (HTS), which provides for Other toys and models, incorporating a motor, and parts and accessories thereof: Toys: Incorporating an electric motor. The duty rate will be 6.8 percent ad valorem. Because this is a toy gun, it is subject to Public Law 100- 615; 15 U.S.C. 5001; 15 CFR Part 1150; Federal Register Vol. 54, No. 86, pp 19358 (May 5, 1989). I believe the bright orange and bright green versions of the gun will satisfy that law. I can not be sure that the blue is bright enough. The Department of Commerce has final authority in this matter. For further information, please consult with Dr. Stanley Warshaw or Walter G. Leight, Department of Commerce, (301) 975-4000. This ruling is being issued under the provisions of Section 177 of the Customs Regulations (19 C.F.R. 177). A copy of this ruling letter should be attached to the entry documents filed at the time this merchandise is imported. If the documents have been filed without a copy, this ruling should be brought to the attention of the Customs officer handling the transaction. Sincerely, Jean F. Maguire Area Director New York Seaport