The tariff classification of the “CloudPets” from China

N264582 May 21, 2015 CLA-2-95:OT:RR:NC:N4:424 CATEGORY: Classification TARIFF NO.: 9503.00.0073 Mr. Shelton Stone ETA Import & Export Ltd. One Cross Island Plaza, Suite 304 Jamaica, NY 11422 RE: The tariff classification of the “CloudPets” from China Dear Mr. Stone: In your letter dated May 4, 2015, you requested a tariff classification ruling on behalf of Jay Franco & Son Inc. A sample of a “CloudPets” was received with your inquiry. The sample received was of “Bunny,” a rabbit. It will also be available in a variety of different animals named “Teddy,” “Kitty” and “Puppy.” Each of the CloudPets is a three-dimensional, full-bodied plush animal that can send and receive audio messages when paired with any compatible smart device containing the CloudPets app. Creating and verifying an account via the app allows registered users to send audio messages back and forth to their children, friends, family or loved ones. A red translucent heart on the toy blinks when a message is received. To play the message, the child presses the left paw, which is embroidered with a blue Wi-Fi signal icon. To reply and record one’s own audio message, the child can press the right paw with the red icon. The CloudPets must be within 30 feet of the smart device in order to communicate with the CloudPets app. The item is operated by three AA batteries (not included). The “CloudPets” are principally designed for the amusement of children 3 years of age and older as they will provide comfort, companionship and amusement as any other stuffed toy would. There is nothing that would prevent their use in imaginary play without a smart device. The applicable subheading for the “CloudPets” 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 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 james.p.forkan@cbp.dhs.gov. Sincerely, Gwenn Klein Kirschner Director National Commodity Specialist Division