CLA-2-95:RR:NC:SP:225 H80337
Ms. Jackie Reaves
Trust Air Cargo (U.S.A) Co.
1360 N. Wood Dale Road, Unit 1
Wood Dale, Illinois 60191
RE: The tariff classification of a doll and doll parts from Hong Kong
Dear Mr. Reaves:
In your letter dated March 22, 2001, received in this office on April 26, 2001, you requested a tariff classification ruling on behalf of your client BTIO Educational Products.
According to the literature submitted, the “RealCare Baby™” is a doll that simulates the actions of a real baby. The doll will be marketed in a program called “Baby Think It Over,” which is offered primarily to educators and other professionals. The program is designed to teach children and young adults the responsibilities involved in caring for an infant. The doll is programmed to cry at intervals comparable to a real baby and will either respond to the attention it receives, such as being fed, or may cry inconsolably for a few minutes. The doll measures 21 inches in length and weighs between 6.5 to 7 pounds. It operates on 4 size “C” batteries. Each doll is individually programmed to respond only to its “parent” or alternate caregiver. A “Control Unit” is sold in conjunction with the doll and may be purchased separately. The controller operates on one 9 volt battery and is used by the teacher to program the doll. A specially constructed “ID Badge,” affixed to a cord, is intended to be worn by the caregiver to identify them and to start or stop “day care” activities for the doll. When placed in “day care” the doll’s needs are essentially put on “hold” until the child returns home from school.
Although the “RealCare Baby™” is designed for use in an educational setting, the fact is that the product is still recognized as a doll for classification purposes. You had proposed classification of the article in heading 9023, which provides for instruments, apparatus and models, designed for demonstrational purposes (for example in education or exhibitions), unsuitable for other uses, and parts and accessories thereof. However, according to Chapter 90 Note 1(k) Articles of Chapter 95 are excluded from this heading.
In Chapter 95, Note 3, HTS, it states that parts and accessories that are suitable for use solely or principally with articles of Chapter 95, are to be classified with those articles. For an item to be considered a "part", it must be so dedicated that it has no other use. It is the opinion of this office that the “Control Unit” and “ID Badges” are an integral part of the “RealCare Baby™” doll, without which, the doll would not function as intended.
The applicable subheading for the “RealCare Baby™” will be 9502.10.0060, Harmonized Tariff Schedule of the United States (HTS), which provides for dolls representing only human beings and parts and accessories thereof: dolls, whether or not dressed: other. The rate of duty will be free.
The applicable subheading for the “Control Unit” and “ID Badges” will be 9502.99.0000, Harmonized Tariff Schedule of the United States (HTS), which provides for dolls representing only human beings: parts and accessories: other. The rate of duty will be free.
Regarding the Nicotine Pack, we are returning your request and any related samples, exhibits, etc., because we need additional information in order to issue a ruling. Please submit the additional information indicated below:
A sample of the items and its “concise operating instructions.”
From your description, we understand that, unlike smoking tobacco, the Nicotine Pack delivers neither smoke nor nicotine to the student. In fact, it only records statements made by the student and plays back pre-recorded statements. Heading 9023 requires that the imported item be “unsuitable for other uses.” Mechanically, how will this voice recorder-playback differ from others?
Explain the “delay feature.”
Noting that it is “easy to program,” can it be programmed for use in other situations besides the Nicoteen Program? If not, why not?
What will be the approximate cost of the Nicotine Pack per unit?
Please include a statement that there are, to your knowledge, no issues on the commodity pending before the Customs Service or any court. Also include a statement as to whether classification advice has been sought from a Customs officer; and if so, from whom, and what advice was rendered, if any.
When this information is available, you may wish to consider resubmission of your request regarding the Nicotine Pack. If you decide to resubmit your request, please include all of the material regarding it that we have returned to you and mail your request to U.S. Customs, Customs Information Exchange, Room 437, 6 World Trade Center, New York, NY 10048, attn: Binding Rulings Section. If you have any questions regarding the further information needed regarding the Nicotine Pack, contact National Import Specialist J. Sheridan at 212-637-7037.
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 with respect to the ruling on the doll and doll parts, contact National Import Specialist Alice J. Wong at 212-637-7028.
Sincerely,
Robert B. Swierupski
Director,
National Commodity
Specialist Division