The tariff classification of a light-up toy from China

N176595 August 8, 2011 CLA-2-95:OT:RR:NC:N4:424 CATEGORY: Classification TARIFF NO.: 9503.00.0073 Ms. Irene Tsiavos Fun World 80 Voice Road Carle Place, NY 11514 RE: The tariff classification of a light-up toy from China Dear Ms. Tsiavos: In your letter dated July 18, 2011 you requested a tariff classification. A sample of the light-up toy was received with your inquiry. The item, # 97009, is identified as a Halloween Light-Up Fiber Optic Stick that measures approximately 14” long. It is comprised of a plastic handle and attached fiber optic strands that move when the handle moves. The item will be made with either a black or orange wand each printed with Halloween themed motifs. An Easter motif wand was submitted with your request due to the unavailability of the Halloween sample. The only difference is that the handle is printed with bunnies instead of being printed with Halloween motifs. When the button on the handle is pressed the multi color lights in the wand are activated. The wand’s colors change in hue and type (flashing or steady) each time the button is pressed. The foregoing item is battery operated. The sample will be returned as requested. The applicable subheading for the Halloween Light-Up Fiber Optic Stick will be 9503.00.0073, 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… ‘Children’s products’ as defined in 15 U.S.C. § 2052: Other: Labeled or determined by importer as intended for use 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 http://www.usitc.gov/tata/hts/. 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