More HTS Changes for Toys Took Effect July 1, CPSC Adds Input
On July 1, 2011, statistical changes to the Harmonized Tariff Schedule took effect for certain Chapter 95 toys, including a new U.S. Statistical Note and new statistical breakouts for heading 9503 toys (i.e, tricycles, scooters, pedal cars and similar wheeled toys; dolls’ carriages; dolls, other toys (including balls, balloons, and punchballs); “scale” models; puzzles; and parts and accessories thereof).
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Sources at the Consumer Product Safety Commission have provided comments on these breakouts, including the agency's goals in requesting them and certain words of caution regarding its import surveillance procedures.
January Changes Did Not Account for Unlabeled Toys
CPSC had previously requested and received on January 1, 2011 HTS breakouts for heading 9503 toys to account for products labeled for use by specific age groups. However, the breakouts did not appear to allow for products that were not labeled. Government sources had stated that they were considering clarifications as the “products may not have been well described.” (See ITT’s Online Archives or 02/24/11 news, 11022422, for BP summary.)
July Revisions Allow Importers to Determine Intended Age, Etc.
The July 1, 2011 changes make the following revisions to the 9th and 10th digit level of HTS 9503.00.00 to clarify the above concerns:
- Separate breakouts for “children’s” & “other” toys. The changes create separate breakouts for children’s and “other” (i.e. non-children’s) toys classifiable under HTS 9503.00.00. In addition, new language has been added referencing CPSC’s definition of children’s products under 15 USC 2052, which means consumer products designed or intended primarily for children 12 years of age or younger.
- Can be labeled or determined by importer to be intended for children. The changes also add new language to the breakouts for children’s toys stating that these products can be labeled or determined by the importer to be intended for children. In other words, they do not necessarily have to be labeled.
Specifically, the July 1 statistical changes are as follows (new language and new HTS breakout numbers are underlined):
“Children’s products” as defined in 15 USC 2052:
- Inflatable toy balls, balloons and punchballs, of rubber: 9503.00.00.11 (Labeled or determined by importer as intended for use by persons under 3 years of age) or 9503.00.00.13 (Labeled or determined by importer as intended for use by persons 3 to 12 years of age)
- Other: 9503.00.00.71 (Labeled or determined by importer as intended for use by persons under 3 years of age) or 9503.00.00.73 (Labeled or determined by importer as intended for use by persons 3 to 12 years of age)
Other: 9503.00.00.90
New Statistical Note Says to Classify by Youngest Age, Gives Guidance on Parts
The July 1, 2011 changes also add a new Statistical Note 1 to Chapter 95 which states that a product in heading 9503 should be classified according to the youngest age for which it is intended.
The note also clarifies that if parts and accessories of heading 9503 products are not specifically labeled for a certain age, they should be classified under the age applicable to the finished product.
Specifically, the note reads:
“In heading 9503, classification is based on the youngest age for which the product is intended. For example, an item labeled “For ages 2--5" would be appropriately classified in the “Under 3 years of age” category. Parts and accessories, if not specifically labeled for a specific age, should be classified under the age designation that would be applicable to the finished retail product of which it is a component or in which it is incorporated.”
CPSC Says Changes Meant to Help Importers, but Will Test to Lowest Age if in Doubt
CPSC sources state that the July 1 changes are meant to allow the trade to make self-determinations (following CPSC guidance) of the intended age group for children’s toys with less focus on the physical labeling of a product. They state that importers who have tried to make good age determinations and have test results and certifications showing their products comply “should have no problem.”
However, the sources warn that if CPSC suspects an incorrect age determination, and the product is unlabeled, its lab will test to the lowest age group.