The tariff classification of two styles of an “Animated Caged Character” from China.

N241088 May 3, 2013 CLA-2-95 OT:RR:NC:N4:425 CATEGORY: Classification TARIFF NO.: 9505.90.6000 Ms. Lorianne Aldinger Rite Aid Corporation P.O. Box 3165 Harrisburg, PA 17105 RE: The tariff classification of two styles of an “Animated Caged Character” from China. Dear Ms. Aldinger: In your letter dated April 8, 2012, but received on April 23, 2013, you requested a tariff classification ruling. You submitted samples of an “Animated Caged Character”, identified as item number 9025843, which consists of two styles of caged inmates that measure approximately 10” in height x 7” width x 3¼” in thickness. The first style, “Animated Caged Prisoner”, consists of a plastic skeleton seated inside a plastic cage, and clad in convict attire decorated with black and orange stripes instead of the standard black and white prison stripes. The inmate’s skeletal hands tightly grip the bars of the cage while his padded legs extend through the spaces of the bars and hang outside the cage. A cord is attached to the top of the cage for hanging the decoration. At the bottom of the cage is a battery box that houses three “AA” batteries, which are included, and activated via a slide switch. When the switch is moved to the on position, the figure is motion-activated. When a person approaches the hanging decoration, they trigger the figure’s animation. This causes the skeleton’s eyes to flash red as he violently shakes and pulls the cage bars apart while screaming, followed by the skeleton screeching a series of pre-programmed phrases proclaiming his innocence. The second style, “Animated Caged Clown”, is motion-activated and operates the same as the “Animated Caged Prisoner”, except that the caged seated inmate is a plastic skeleton that is face-painted to resemble a clown with orange hair. The skeleton-clown has a bulging eye and an evil grin with rotted teeth. The inmate’s skeletal hands tightly grip the bars of the cage while his legs are pulled up along his sides. When a person approaches the hanging decoration, they trigger the figure’s animation. This causes the skeleton-clown’s eyes to flash red as he violently shakes and pulls the cage bars apart while screaming and laughing maniacally, followed by the skeleton-clown screeching a series of pre-programmed phrases exhorting the visitor to free him. Both the “Animated Caged Prisoner” and the “Animated Caged Clown” are marketed and sold strictly as scary hanging decorations for Halloween, with attached hangtags depicting a spider web, skull and vampire. The applicable subheading for item number 9025843, “Animated Caged Character” (“Animated Caged Prisoner” and the “Animated Caged Clown”) will be 9505.90.6000, Harmonized Tariff Schedule of the United States (HTSUS), which provides for "Festive, carnival or other entertainment articles, including magic tricks and practical joke articles; parts and accessories thereof: Other: 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/. 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 Wayne Kessler at (646) 733-3026. Sincerely, Thomas J. Russo Director National Commodity Specialist Division