United States International Trade Commision Rulings And Harmonized Tariff Schedule
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NY I88201

November 19, 2002

CLA-2-95:RR:NC:SP:225 I88201


TARIFF NO.: 9503.90.0080

Ms. Linda D. Santos
Hasbro, Inc.
1027 Newport Ave.
P.O. Box 1059
Pawtucket, RI 02862-1059

RE: The tariff classification of a Star Wars® Galactic Blaster from China.

Dear Ms. Santos:

In your letter dated October 30, 2002, you requested a tariff classification ruling.

The sample submitted, Item #66698, Star Wars Galactic Blaster, is a plastic star ship shaped electronic hand-held toy designed for children aged six years and older. The item has a pistol grip that measures approximately 3 inches in height with a star ship attached on top that measures approximately 6 inches in length. Although the toy has a game mode, there are no rules and no indication of how one wins the game. A control panel at the rear of the ship indicates the location of enemy ships. Depressing a white thruster button (trigger) on the pistol grip "fires” short bursts at the enemy ships, accompanied by sound effects and flashing lights. When the game function is not being used, the game can be used as a toy with just the sound effects.

In the opinion of this office, the Star Wars Galactic Blaster does not qualify as a game because, given the age level this product is designed for, it does not possess competition and simply creates an amusing activity for children.

Your sample is returned via the express service for which you purchased a shipping label.

The applicable subheading for Item #66698, Star Wars Galactic Blaster, will be 9503.90.0080, Harmonized Tariff Schedule of the United States (HTS), which provides for “Other toys; reduced-size ("scale") models and similar recreational models, working or not; puzzles of all kinds; parts and accessories thereof: Other: Other.” The rate of duty will be free.

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 Alice Wong at 646-733-3026.


Robert B. Swierupski

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