The tariff classification of the “Sun's Out Spinny Fan” from China

N338933 March 26, 2024 CLA-2-95:OT:RR:NC:N4:424 CATEGORY: Classification TARIFF NO.: 9503.00.0073 Keren Corona Ja-Ru, Inc. 12901 Flagler Center Blvd. Jacksonville, FL 32258 RE:      The tariff classification of the “Sun's Out Spinny Fan” from China Dear Ms. Corona: In your letter submitted on March 15, 2024, you requested a tariff classification ruling.  Photographs and descriptions of the “Sun's Out Spinny Fan,” item number 4986, were submitted with your inquiry.  The article under consideration is a molded plastic, handheld, toy fan measuring approximately 3” x 3” with a 2.75” handle.  The fan consists of 2 child safe soft plastic blades that are actuated by the child pumping a lever located on the handle.  The “Sun's Out Spinny Fan,” comes in 4 colorful motifs in the shape of a donut, ice cream cone, unicorn, and pink flamingo.  The nature of the fan will not render it useful as an effective cooling device.  The size, construction, marketing, and limited use of the item indicate that the product is a toy principally designed for the amusement of children ages 3 and up. The applicable subheading for the “Sun's Out Spinny Fan,” item number 4986, 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. The holding set forth above applies only to the specific factual situation and merchandise description as identified in the ruling request.  This position is clearly set forth in Title 19, Code of Federal Regulations (CFR), Section 177.9(b)(1).  This section states that a ruling letter is issued on the assumption that all of the information furnished in the ruling letter, whether directly, by reference, or by implication, is accurate and complete in every material respect.  In the event that the facts are modified in any way, or if the goods do not conform to these facts at time of importation, you should bring this to the attention of U.S. Customs and Border Protection (CBP) and submit a request for a new ruling in accordance with 19 CFR 177.2.  Additionally, we note that the material facts described in the foregoing ruling may be subject to periodic verification by CBP. . 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, please contact National Import Specialist Roseanne Murphy at roseanne.j.murphy@cbp.dhs.gov. Sincerely, Steven A. Mack Director National Commodity Specialist Division