CLA-2 CO:R:C:F 956562 LPF
Ms. Mona Webster
Customs Import Specialist
Target Stores
Import Department CC-08G
P.O. Box 1392
Minneapolis, MN 55440
RE: Classification of bubble necklace; Modification of NYRL
863525; Heading 9503, HTSUSA, other toy; Not 7117, imitation
jewelry; HRL 953102
Dear Ms. Webster:
In New York Ruling Letter (NYRL) 863525, issued June 14, 1991,
a Fun Pack (style #4717) consisting of a ponytail holder, textile
bracelet, stick on plastic earrings, vinyl child's carrying bag,
and a bubble necklace was classified under the Harmonized Tariff
Schedule of the United States Annotated (HTSUSA). The bubble
necklace was classified in subheading 7117.90.5000, HTSUSA, as
imitation jewelry, other, other, valued over 20 cents per dozen
pieces or parts. We have reviewed that ruling and have found it
to be partially in error. Although the other articles were
properly classified, the correct classification of the bubble
necklace is as follows.
FACTS:
The article at issue, imported from Taiwan, is a bubble
necklace comprised of a plastic bottle and cap with bubble
solution. Pursuant to section 625, Tariff Act of 1930 (19 U.S.C.
1625), as amended by section 623 of Title VI (Customs
Modernization) of the North American Free Trade Agreement
Implementation Act, Pub. L. 103-182, 107 Stat. 2057, 2186 (1993)
(hereinafter section 625), notice of the proposed modification of
NYRL 863525 was published on July 27, 1994, in the Customs
Bulletin, Volume 28, Number 30.
ISSUE:
Whether the bubble necklace is classifiable in heading 9503
as other toys or in heading 7117 as imitation jewelry.
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LAW AND ANALYSIS:
The General Rules of Interpretation (GRIs) taken in their
appropriate order provide a framework for classification of
merchandise under the HTSUS. Most imported goods are classified
by application of GRI 1, that is, according to the terms of the
headings of the tariff schedule and any relative section or chapter
notes. In the event that the goods cannot be classified solely on
the basis of GRI 1, and if the headings and legal notes do not
otherwise require, the remaining GRIs may then be applied. The
Explanatory Notes (ENs) to the Harmonized Commodity Description and
Coding System, which represent the official interpretation of the
tariff at the international level, facilitate classification under
the HTSUSA by offering guidance in understanding the scope of the
headings and GRIs.
The subject article potentially is classifiable within heading
9503 as other toys or within 7117 as imitation jewelry. In regard
to heading 9503, the ENs to Chapter 95 indicate that "this chapter
covers toys of all kinds whether designed for the amusement of
children or adults." It is Customs position that the amusement
requirement means that toys should be designed and used principally
for amusement. See Additional U.S. Rule of Interpretation 1(a),
HTSUSA. Customs defines principal use as that use which exceeds
each other single use of the article.
It is our position that the article, consisting of a bottle
with bubble solution, is a toy. The bubble solution is a plaything
which a child repeatedly will take off their neck for the purpose
of blowing bubbles. Even if worn around the neck, it is apparent
the child principally will use the article to blow bubbles. It is
likely that once the supply of bubble solution has been depleted,
the novelty and purpose of this article will cease to exist and,
as a result, the child will discard the empty plastic bottle and
its accoutrements. Accordingly, the article is designed and used
principally for amusement.
In regard to heading 7117, Legal Notes 8 and 10 to Chapter 71
indicate that the expression "imitation jewelry" includes any small
objects of personal adornment, gem-set or not, such as rings,
bracelets, necklaces, brooches, earrings, watch chains, fobs,
pendants, etc. The subject article does not fit the description
of imitation jewelry provided in the Legal Notes. Webster's Third
New International Dictionary (1968), defines a necklace as "1(a)
(1): a string of beads or other small objects (as precious stones)
that is worn about the neck as an ornament (2): a chain or band
usu. of metal often specially decorated... and worn about the neck
as an ornament." This article, in its entirety, is not a necklace
because it is not worn around the neck as an ornament. The
American Heritage Dictionary Second College Edition (1985), defines
a pendant as "something suspended from something else, esp. an
ornament or piece of jewelry attached to a necklace or bracelet."
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The bottle and bubble solution is not a pendant because it is not
an ornamental article or piece of jewelry attached to a necklace.
The subject article, simply, is not worn for adornment.
This decision is in accord with Headquarters Ruling Letter
953102, issued April 26, 1993, where plastic bottles designed as
penguins, hearts, and bear cubs containing bubble solution and a
wand for blowing bubbles, suspended on textile cords, were
classified as toys. Similarly, in the instant case, the child-
consumer would not intend to wear the plastic bottle and bubble
solution as an article of ornamentation, but rather intend to play
with the merchandise for the purpose of amusement. The fact that
the article may be worn around the neck does not mean that it
principally is designed to enable one to wear the bottle and bubble
solution. Instead, the article is designed primarily to allow one
to handle and carry the bottle and bubble solution in order to
repeatedly blow bubbles. Similarly, the carrying or wearing straps
of a camera or pair of binoculars do not affect the function of the
merchandise nor change its classification for tariff purposes.
Accordingly, the subject article principally is used for amusement
and is classified, pursuant to GRI 1, within heading 9503 as other
toys. The appropriate subheading is 9503.90.6000.
HOLDING:
The bubble necklace is classifiable in subheading
9503.90.6000, HTSUSA, as "Other toys...: Other: Other: Other toys
(except models), not having a spring mechanism." The applicable
rate of duty is 6.8 percent ad valorem. The other articles
comprising the Fun Pack remain classified as held in NYRL 863525.
NYRL 863525 hereby is modified accordingly.
In accordance with section 625, this ruling will become
effective 60 days from its publication in the Customs Bulletin.
Publication of rulings or decisions pursuant to section 625 does
not constitute a change of practice or position in accordance with
section 177.10(c)(1), Customs Regulations (19 CFR 177.10(c)(1)).
Sincerely,
John Durant, Director
Commercial Rulings Division