The tariff classification of a sprinkle art craft kit from China and Vietnam

N304432 June 17, 2019 CLA-2-95:OT:RR:NC:N4:424 CATEGORY: Classification TARIFF NO.: 9503.00.0073 Ms. Carisa Schoemaker Crayola LLC 1100 Church Lane Easton, PA 18044 RE: The tariff classification of a sprinkle art craft kit from China and Vietnam Dear Ms. Schoemaker: In your letter submitted on May 20, 2019, you requested a tariff classification ruling. Photographs and descriptions of the “Crayola Art Word Play” and the “Crayola Sprinkle Art Uni-Creatures” craft kits (no item numbers given) were submitted with your inquiry. Each kit contains 3 bottles of non-edible sprinkles from China, and 5 die-cut line-art paper design sheets from Vietnam, all assembled into a polybag package in China for retail use. Portions of the die-cut images are removed by the child to reveal an adhesive background that captures the sprinkles and retains them on the surface. Both items can be used together with the “Crayola Sprinkle Art Shaker Set,” which have been previously classified as toy craft kits, or independently. The kits are intended to be used by young children and encourage the development of creative skills and manual dexterity through play. The kits’ amusement value is greater than the utilitarian value of the finished article and would therefore be considered an educational craft kit principally designed for the amusement of children ages 5 and older. You propose classification in heading 4911 and cite a previous ruling issued to Crayola which consisted of drawing sheets and markers. Although CBP has never considered coloring, drawing or painting to have significant “manipulative play value” for classification as a toy, the instant article, whereby the child creates a picture using sprinkles, is not a coloring or painting kit, and can be considered a craft kit toy of heading 9503. The applicable subheading for the “Crayola Art Word Play” and the “Crayola Sprinkle Art Uni-Creatures” kit 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. 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 Roseanne Murphy at roseanne.j.murphy@cbp.dhs.gov. Sincerely, Steven A. Mack Director National Commodity Specialist Division