CLA-2-95:S:N:N8:225 880244
Mr. Daniel Rainer
Hasbro Inc.
32 West 23rd Street
New York, New York 10010
RE: The tariff classification of toy tools from China
Dear Mr. Rainer:
In your letter dated November 12, 1992, received in this
office on November 16, 1992, you requested a tariff
classification ruling.
Samples of the five products in question were received under
separate cover. Each item is part of a series called "Cool
Tools". All the tools are made of die cast zamac (zinc) with
shiny plating. You have indicated to us that the tools will be
separately imported in a blister pack with their own specially
constructed pouch capable of holding one single tool. The tools
measure no more than three inches in length. They are identified
by assortment number as follows: Asst. # 3736 Monkey Wrench,
Asst. #3737 Pliers, Asst. #3738 Hammer, Asst. #3739 Needle Nose
and Asst. #3740 Open End Wrench. Your samples are being returned
as requested.
A toy is defined as an article designed for the amusement of
children or adults. Based upon the Explanatory Notes for Heading
9503 certain toys...may be capable of a limited "use"; but they
are generally distinguishable by their size and limited capacity
from the real thing. Due to the size, construction and intended
use of the "Cool Tools" described above this office finds the
items qualify for the toy provision.
Classification is based upon the General Rules of
Interpretation. Specifically GRI 3(b) states "goods made up of
different components, and goods put up in sets for retail sale,
which cannot be classified by reference to 3(a), shall be
classified as if they consisted of the material
or component which gives them their essential character". In the
case of "Cool Tools", where a tool is packaged with its own
pouch, the tool imparts the essential character of the set. The
pouch is specially designed to store the tool when not in use and
would not normally be sold separately.
The applicable subheading for the "Cool Tools" will be
9503.90.6000, Harmonized Tariff Schedule of the United States
(HTS), which provides for other toys (except models), not having
a spring mechanism. The duty rate will be 6.8 percent ad
valorem.
Section 304 of the Tariff Act of 1930 as amended, states
that all articles entering the commerce of the United States must
be marked with the country of origin as permanently and
conspicuously as the article will permit. Please ensure that
these requirements are met.
This ruling is being issued under the provisions of Section
177 of the Customs Regulations (19 C.F.R. 177).
A copy of this ruling letter should be attached to the entry
documents filed at the time this merchandise is imported. If the
documents have been filed without a copy, this ruling should be
brought to the attention of the Customs officer handling the
transaction.
Sincerely,
Jean F. Maguire
Area Director
New York Seaport