The tariff classification of a Flashing "Eye Ball" from China

N027900 June 4, 2008 CLA-2-95:OT:RR:NC:2:224 CATEGORY: Classification TARIFF NO.: 9503.00.0080 Mr. Scott Burd Maersk Customs Services Inc. 230-79 International Airport Center Blvd. Jamaica, NY 11413 RE: The tariff classification of a Flashing “Eye Ball” from China Dear Mr. Burd: In your letter dated May 2, 2008, you requested a tariff classification ruling on behalf of Amscan Inc. A sample of an “Eye Ball” was received with your inquiry. The item is a soft rubber ball that when bounced or squeezed, will flash various colors for approximately 15 seconds. It has a printed image of an eyeball on one side of the ball. The “Eye Ball” can be used in various play settings. In addition, the various lighting effects and the visual appearance of the eyeball will entertain and amuse. The sample is being returned. The applicable subheading for the “Eye Ball” will be 9503.00.0080, Harmonized Tariff Schedule 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 http://www.usitc.gov/tata/hts/. The submitted sample is not marked with the country of origin. Therefore, if imported as is, the item will not meet the country of origin marking requirements of 19 U.S.C. 1304. Accordingly, it would be considered not legally marked under the provisions of 19 C.F.R. 134.11 which states, "every article of foreign origin (or its container) imported into the U.S. shall be marked in a conspicuous place as legibly, indelibly, and permanently as the nature of the article (or container) will permit, in such manner as to indicate to the ultimate purchaser in the U.S. the English name of the country of origin of the article." 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 646-733-3025. Sincerely, Robert B. Swierupski Director, National Commodity Specialist Division