CLA-2-95:OT:RR:NC:N4:424
Ms. Karen Quintana
NYK Logistics Americas Inc.
2417 E Carson Street, Suite 200
Long Beach, CA 90810
RE: The tariff classification of a Pitching Machine from China
Dear Ms. Quintana:
In your letter dated January 11, 2010, you requested a tariff classification ruling.
In lieu of a sample, photographs of the Franklin Sports Field Master Pitching Machine, item number 17973764, were received with your inquiry. The item consists of a tripod-mounted electric engine, tripod-mounted leveling gauge, marking tape, AC transformer and six 73mm dimpled polyballs, which are specifically designed for the machine. Real baseballs will not work with this item. The pitching machine throws pitches that average 40-50 mph and can be adjusted to throw either fastballs or ground balls for hitting or fielding drills. The pitching machine will be used a baseball training aid for more advanced Little Leaguers.
The applicable subheading for the Franklin Sports Field Master Pitching Machine, item number 17973764, will be 9506.99.1500, Harmonized Tariff Schedule of the United States (HTSUS), which provides for "Articles and equipment for general physical exercise, gymnastics, athletics, other sorts (including table-tennis) or outdoor games…Other: Other: Baseball articles and equipment, except balls, and parts and accessories thereof." 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 http://www.usitc.gov/tata/hts/.
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 CBP office prior to importation.
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 James Forkan at (646) 733-3025.
Sincerely,
Robert B. Swierupski
Director
National Commodity Specialist Division