The tariff classification of the “Ice Hoop Hula Hoop” from China

N343349 November 6, 2024 CLA-2-95:OT:RR:NC:N4:424 CATEGORY: Classification TARIFF NO.: 9503.00.0073 Mr. Ryan Lickfeld Geodis USA, LLC 5101 S. Broad Street Philadelphia, PA 19112 RE:      The tariff classification of the “Ice Hoop Hula Hoop” from China Dear Mr. Lickfeld: In your letter submitted on October 16, 2024, you requested a tariff classification ruling on behalf of your client CVS.  Photographs and a description of the “Ice Hoop Hula Hoop” were submitted with your inquiry.  The product under consideration is the “Ice Hoop Hula Hoop”, item number 611044, that consists of a hollow plastic tubular hoop offered in three diameter sizes measuring 28 inch, 32 inch and 34 inch.  The hoop is coated with colored iridescent PET film giving the “Ice Hoop Hula Hoop” a glossy look.  The toy is commonly known as a hula hoop and is used for swinging or twirling around the waist, limbs or neck.  It can also be rolled along the ground like a wheel.  The “Ice Hoop Hula Hoop” is principally designed for the amusement of children ages 6 years and older. You suggest classification of the “Ice Hoop Hula Hoop” as a toy under 9503.00.0073, Harmonized Tariff Schedule of the United States (HTSUS).  We agree. The applicable subheading for the “Ice Hoop Hula Hoop”, item number 611044, will be 9503.00.0073, 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. 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 Customs office prior to importation. 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