CLA-2-95 OT:RR:NC:N4:425
Mr. Paul Cayton
Holiday Brands, LLC
175Abram Street
Stratford, CT 06614
RE: The tariff classification of a Halloween Light Up Color Changing Eyeball In Hand from China.
Dear Mr. Cayton:
In your letter dated February 18, 2010, you requested a tariff classification ruling.
You submitted a sample of a Halloween Light Up Color Changing Eyeball In Hand identified as item #01054, which consists of a battery-powered plastic eyeball held in the palm of a skeletal hand. The eyeball measures approximately 2-1/2” in diameter, with its retina colored red, and red “veins” extending outward from the retina over the rest of the eyeball. The skeletal hand clutching the eyeball has a flattened base so that the article can rest securely on a flat surface. An “on-off” switch is located on the base and, when turned to the “on” position, causes the eyeball to change colors.
The Halloween Light Up Color Changing Eyeball In Hand is intended purely as a lighted decoration to help create an eerie environment for the Halloween holiday, and does not provide illumination to the surrounding area.
Additionally, we note that the submitted article is not in compliance with the country of origin marking regulations, as the country of origin marking on the hangtag for the Halloween Light Up Color Changing Eyeball In Hand is not acceptable. The hangtag reads: “Holiday Brands America’s Brand” followed by the address “740 King Street, Stratford CT 06614 USA”, your website, telephone number and copyright. The actual country of origin, China, is not listed. Merely marking, as you have, the base of the article with “Made in China” in lettering that is virtually invisible, and not the hangtag itself, is not acceptable. According to Section 134.46 of the Customs Regulations (19 CFR 134.46), the law requires that in any case in which the words "United States," or "American," the letters "U.S.A.," any variation of such words or letters, or the name of any city or locality in the United States, or the name of any foreign country or locality other than the country or locality in which the article was manufactured or produced, appears on an imported article or its container, there shall appear, legibly and permanently, in close proximity to such words, letters, or name, and in at least a comparable size, the name of the country of origin preceded by "Made in," Product of," or other words of similar meaning.
Currently, the country of origin marking on the hang tag would mislead the ultimate purchaser into believing that the article was made in the United States (“America’s Brand”) or that your corporate address (Stratford, CT) was where the article was made. Therefore, in order to comply with the marking requirements, "Made in China" must be marked on the hangtag in the same size lettering and same boldness as that of “America’s Brand” and importer address, and located in proximity to them.
The applicable subheading for the Halloween Light Up Color Changing Eyeball In Hand will be 9505.90.6000, Harmonized Tariff Schedule of the United States (HTSUS), which provides for "Festive, carnival or other entertainment articles, including magic tricks and practical joke articles; parts and accessories thereof: Other: Other." 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/.
We are unable to issue a ruling on the Screamy Meemy Halloween Dolls identified as item #01059, since the classification of certain “festive dolls” is before the Court of International Trade. Section 177.7 of the Customs Regulations (19 C.F.R. §177.7) provides that rulings will not be issued in certain circumstances. Specifically, § 177.7(b) reads, in pertinent part:
No ruling letter will be issued with respect to any issue which is pending before the United States Court of International Trade, the United States Court of Appeals for the Federal Circuit or any court of appeal therefrom.
If you wish, you may resubmit your request for a prospective ruling after the appropriate court case has been resolved. The above referenced file is hereby administratively closed.
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 Wayne Kessler at (646) 733-3026.
Sincerely,
Robert B. Swierupski
Director
National Commodity Specialist Division