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HQ 956837

November 17, 1994

CLA-2 CO:R:C:F 956837 GGD


TARIFF NO.: 7117.90.40; 9004.10.00

Mr. Manny A. Lescano
Pronto Cargo Corporation
7330 N.W. 66th Street
Miami, Florida 33166-3009

RE: "My Vanity Set;" Not Other Toys Put Up in Sets

Dear Mr. Lescano:

This letter is in response to your request of June 22, 1994, on behalf of your client, Ramco Trading Corp., concerning the classification under the Harmonized Tariff Schedule of the United States (HTSUS), of an article identified as a "My Vanity Set," imported from China. A sample was submitted with your inquiry.


The sample article, identified by item no. 111-22496, consists of the following components: sunglasses (that do not provide protection from ultraviolet light), 2 plastic earrings, and 5 plastic bracelets. The components are packaged together for retail sale.


Whether the components of the article, "My Vanity Set," are more properly classified in the subheadings applicable to the individual items, or in subheading 9503.70.80, HTSUS, the provision for other toys, put up in sets.


Classification under the HTSUS is made in accordance with the General Rules of Interpretation (GRIs). The systematic detail of the harmonized system is such that virtually all goods -2-
are classified by application of GRI 1, that is, according to the terms of the headings of the tariff schedule and any relative Section or Chapter Notes. In the event that the goods cannot be classified solely on the basis of GRI 1, and if the headings and legal notes do not otherwise require, the remaining GRIs may then be applied. The Explanatory Notes (ENs) to the Harmonized Commodity Description and Coding System, which represent the official interpretation of the tariff at the international level, facilitate classification under the HTSUS by offering guidance in understanding the scope of the headings and GRIs.

Heading 9503, HTSUS, applies to "other toys," i.e., all toys not specifically provided for in the other headings of chapter 95. Although the term "toy" is not specifically defined in the tariff, the ENs to chapter 95, HTSUS, indicate that the chapter covers toys of all kinds whether designed for the amusement of children or adults. Thus, it has been Customs position that toys should be designed and used principally for amusement.

In HRL 950700, issued August 25, 1993, this office explained that not all goods classified in subheading 9503.70, HTSUS, would satisfy the criteria for sets established pursuant to GRI 3, specifically the requirement that products put up together must meet a particular need or carry out a specific activity. We noted the EN to heading 9503, which suggests that collections of items separately classifiable in other headings of the tariff may be classified in chapter 95 when put up in a form clearly indicating their use as toys. We also closely examined the manner in which individual components were put up together (packaged and sold as a combination) to determine whether they had been converted from their designs and uses as components classifiable elsewhere in the tariff, into complementary items possessing some connection, generally working together to provide amusement.

Although the components of "My Vanity Set" are individually capable of amusing a child through a dress up activity, when packaged and sold as a combination, the items do not interrelate. Rather than working together to provide amusement, sunglasses and imitation jewelry are of disparate designs and uses whether packaged and sold individually or together. Thus, the manner in which the components are put up does not result in a conversion from articles classifiable elsewhere in the HTSUS, to other toys, put up in sets. The items must therefore be classified individually in their appropriate headings. -3-


The components comprising the article identified as "My Vanity Set" (item no. 111-22496) are separately classifiable under the specific subheadings provided below:

The plastic earrings and bracelets are classified in subheading 7117.90.40, HTSUS, the provision for "Imitation jewelry: Other: Other: Valued not over 20 cents per dozen pieces or parts." The applicable duty rate is 7.2 percent ad valorem.

The sunglasses are classified in subheading 9004.10.00, HTSUS, the provision for "Spectacles, goggles and the like, corrective, protective or other: Sunglasses." The applicable duty rate is 7.2 percent ad valorem.


John Durant, Director

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