The tariff classification of a toy flashing stick from China

N135216 December 14, 2010 CLA-2-95:OT:RR:NC:N4:424 CATEGORY: Classification TARIFF NO.: 9503.00.0080 Mr. Troy D. Crago-Edwards Atico International USA, Inc. 501 South Andrews Avenue Fort Lauderdale, FL 33301 RE: The tariff classification of a toy flashing stick from China Dear Mr. Crago-Edward: In your letter dated November 19, 2010, you requested a tariff classification. A sample of a product referred to as a “Halloween Flashing Stick,” Atico item number A079AZ00430, was received with your inquiry. The item, which resembles a wand, consists of a yellow handle that connects to a glittery stick portion that lights up and is topped with thermoplastic rubber witch on a broom. You state that the item will be available in three other styles with toppers that include a spider, cat or bat. When a button on the handle is depressed, three colored LED lights will be activated providing different lighting effects. The applicable subheading for the “Halloween Flashing Stick,” Atico item number A079AZ00430, 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 Halloween Flashing Stick will not meet the country of origin marking requirements of 19 U.S.C. 1304. Accordingly, the Halloween Flashing Stick 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." Please ensure that these requirements are satisfied. 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