CLA-2-95:RR:NC:2:224 L85106
Kevin Anderson
Wham-O Inc.
5903 Christie Avenue
Emeryville CA 94608
RE: The tariff classification of a Snow Saucer from China and Mexico.
Dear Mr. Anderson:
In your letter dated May 5, 2005, you requested a tariff classification ruling.
The article, identified as the Snow Boogie Saucer, consists of an inch thick foam core about 23 inches in diameter with a slick skin bottom. It has two grip handles and is used as a device for sliding on snow-covered surfaces.
Heading 9506 of the Harmonized Tariff Schedules of the United States (HTS) provides in part for articles and equipment for general physical exercise, sporting activities and outdoor games. It includes articles used for physical, recreational activities in the snow such as snow-ski equipment, sleds, toboggans and the like. In our opinion, the Snow Boogie Saucer qualifies as such a device. Heading 9506 more accurately describes the idea and function of the Snow Boogie Saucer than does the tariff provision for other toys in subheading 9503.90.0080, HTS, suggested in your letter.
The applicable subheading for the Snow Boogie Saucer will be 9506.99.4500, HTS, which provides for “Articles and equipment for general physical exercise, gymnastics, athletics, other sports or outdoor games, not specified or included elsewhere in this chapter; swimming pools and wading pools; parts and accessories thereof: Other: Sleds, bobsleds, toboggans and the like and parts and accessories thereof: Other.” The rate of duty will be 2.8 percent ad valorem.
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 Tom McKenna at 646-733-3025.
Sincerely,
Robert B. Swierupski
Director,
National Commodity
Specialist Division