The tariff classification of the “Silly String Blaster Pack” from China

N276941 July 20, 2016 CLA-2-95:OT:RR:NC:N4:424 CATEGORY: Classification TARIFF NO.: 9503.00.0073 Mr. John Strough Mohawk Global Logistics 123 Air Cargo Road North Syracuse, NY 13212 RE: The tariff classification of the “Silly String Blaster Pack” from China Dear Mr. Strough: In your letter submitted June 24, 2016, you requested a tariff classification ruling on behalf of Car-Freshner Corporation. Photographs and a description of the “Silly String Blaster Pack,” item number K2P-19233-SS, were received with your inquiry. The Silly String Blaster Pack consists of a plastic toy blaster and two cans of 3 ounce Silly String Spray Streamer in assorted colors. The hand-held blaster is a bright yellow with blue accents, contains a green trigger and has an orange tip. The blaster easily clips onto the top of the cans of Silly String. When the trigger on the blaster is pulled, a plastic piece presses down on the Silly String can valve, which causes the string to shoot out of the can but appear as if it is coming from the blaster. The “Silly String Blaster Pack” is considered a set for tariff classification purposes. The essential character is imparted by the toy blaster, which in addition to having the highest value, provides manipulative and imaginative play value, making playing with Silly String even more fun. The item is principally designed for the amusement of children 5 years of age and older. The applicable subheading for the “Silly String Blaster Pack” 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 https://hts.usitc.gov/current. With regards to the toy blaster, imitation firearms must conform to the marking requirements of 15 U.S.C. 5001; 15 CFR Part 1150. The Department of Commerce has final authority in this matter. For further information concerning the proper marking of your imitation firearm, you may contact Mark S. Madsen or Jessica Cha at (301) 975-2137. To request an official determination, include the imitation firearm sample and send to: Department of Commerce Office of NIST Counsel Administration A-520 Mail Stop 1052 Gaithersburg, MD 20899-1052 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, Steven A. Mack Director National Commodity Specialist Division