The tariff classification of the “Spider-Man” smart toy from China

N287562 July 18, 2017 CLA-2-95:OT:RR:NC:N4:424 CATEGORY: Classification TARIFF NO.: 9503.00.0073 Mr. Travis Parke Sphero, Inc. 4772 Walnut St. Suite 206 Boulder, CO 80301 RE: The tariff classification of the “Spider-Man” smart toy from China Dear Mr. Parke: In your letter dated June 13, 2017, you requested a tariff classification ruling. A sample of the Sphero “Spider-Man” smart toy, Model SP001, was received with your inquiry. “Spider-Man” is an app-enabled interactive scale model of the Marvel super hero. Spider-Man is a silicone figure standing approximately 8.5” tall that is capable of telling jokes, asking trivia questions, guarding a room, and is even able to team up with users to “battle” villains. It possesses expressive LCD eyes which can display a number of different animations. It also contains microphones, speakers and an internal Lithium-Ion battery that can be charged up by placing it into the charging base, which is included in the packaging along with a “USB to Micro USB” cable and quick start guide. Spider-Man can also register movement in front of it, which adds another dimension of interactivity between itself and the user. An accelerometer allows the item to respond to being moved or thrown around, where it will make appropriate noises while shouting out snarky quips. By downloading a free app available on Android and IOS devices it will allow the end users to further customize one’s experience with Spider-Man, however, the toy can also be used as a posable doll or action figure independent of the app. The item is packaged in a foil-covered box that contains a plastic clamshell piece to protect it during shipping. The box measures approximately 6.0” (L) x 7.25” (W) x 10.5” (H) and weighs approximately 3.7 lbs. Spider-Man is principally designed for the amusement of children 5 years of age and older. The applicable subheading for “Spider-Man” smart toy 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/. Importations of this product may be subject to the provisions of Section 133 of the Customs Regulations if they copy or simulate a registered trademark, trade name or copyright recorded with U.S. Customs and Border Protection. If you are an authorized importer of the product we recommend notifying your local CBP office prior to importation. 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 Associate Hershel Rosenfeld at hershel.rosenfeld@cbp.dhs.gov. Sincerely, Steven A. Mack Director National Commodity Specialist Division