HQ 959907

January 30, 1998

CLA-2 RR:CR:GC 959907 MMC

CATEGORY: Classification

TARIFF NO.: 9503.90.0030

Port Director of Customs

300 South Ferry Street

Terminal Island, CA 90731

RE: PRD 2704-96-102160; Zebra and Rainbow jump ropes

Dear Port Director:

The following is our response to protest 2704-96-102160

concerning your classification decision regarding articles

identified as jump ropes under the Harmonized Tariff Schedule of

the United States (HTSUS). Samples of the articles were

submitted for our review.

FACTS:

The articles have been identified as items 6368 (zebra jump

rope) and 7943 (rainbow jump rope). The zebra jump rope appears

to be made of orange and black braided nylon. An orange plastic

molded handle is attached to each end of the rope. The rainbow

jump rope is made of blue, green yellow, purple, fushia and

orange colored braided nylon. A yellow plastic handle is

attached to each end of the rope. Both measure approximately 6

feet long.

The importer, Imperial Toy Corporation, markets the jump

ropes to toy stores and general merchandise stores for their toy

departments, exclusively as toys in the United States (U.S.) and

worldwide. The importer does not market any product in the U.S.

or worldwide which is considered exercise equipment in the trade

or commerce of the U.S.

Protestant was directed to enter the jump ropes under

subheading 9506.91.0030, HTSUS, as \"Articles and equipment for

general physical exercise, gymnastics, athletics, other sports

(including table-tennis) or outdoor games, not specified or

included elsewhere in this chapter; swimming pools and wading

pools; parts and accessories thereof: Other: Articles and

equipment for general physical exercise, gymnastics or athletics;

parts and accessories thereof, Other.\" Protestant asserts that

the jump ropes are classifiable under subheading 9503.90.00,

HTSUS, as \"Other toys; reduced-size (\"scale\") models and similar

recreational models, working or not; puzzles of all kinds; parts

and accessories thereof: Other toys; reduced-size (\"scale\")

models and similar recreational models, working or not; puzzles

of all kinds; and accessories thereof: Other: Other; Other toys

(except models), not having a spring mechanism.\"

The February 1996, entry was liquidated on April 5, 1996,

and a protest was timely filed on July 3, 1996. The headings

under consideration are as follows:

9503 Other toys; reduced-size (\"scale\") models and

similar recreational models, working or not;

puzzles of all kinds; parts and accessories

thereof

9506 Articles and equipment for general physical exercise,

gymnastics, athletics, other sports (including

table-tennis) or outdoor games, not specified or

included elsewhere in this chapter; swimming pools and

wading pools; parts and accessories thereof

ISSUE:

Whether the jump ropes are classifiable as toys or articles

and equipment for general physical exercise.

LAW AND ANALYSIS:

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

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.

In understanding the language of the HTSUS, the Explanatory

Notes (ENs) of the Harmonized Commodity Description and Coding

System may be utilized. The ENs, although not dispositive, or

legally binding, provide a commentary on the scope of each

heading, and are generally indicative of the proper

interpretation of the HTSUS. See, T.D. 89-90, 54 Fed. Reg.

35127, 35128 (August 23, 1989). EN 95.03, states in pertinent

part, that:

This heading covers:

\(A\) All toys not included in headings 95.01 and 95.02.

Many of the toys of this heading are mechanically or

electrically operated.

These include:

\* \* \*

\(8\) Toy sports equipment, whether or not in sets (e.g.,

golf sets, tennis sets, archery sets, billiard sets;

baseball bats, cricket bats, hockey sticks).

\* \* \*

\(18\) Hoops, skipping ropes, diabolo spools and sticks,

spinning and humming tops, balls (other than those of

heading 95.04 or 95.06).

Certain toys (e.g., electric irons, sewing machines, musical

instruments, etc.) may be capable of a limited \"use\"; but

they are generally distinguishable by their size and limited

capacity from real sewing machines, etc.

EN 95.06, states, in pertinent part, that:

This heading covers:

\(A\) Articles and equipment for general physical

exercise, gymnastics or athletics, e.g.:

Trapeze bars and rings; horizontal and parallel bars;

balance beams, vaulting horses; pommel horses; spring

boards; climbing ropes and ladders; wall bars; Indian

clubs; dumb-bells and barbells; medicine balls; rowing,

cycling and other exercising apparatus; chest

expanders; hand grips; starting blocks; hurdles;

jumping stands and standards; vaulting poles; landing

pit pads; javelins, discuses, throwing hammers and

putting shots; punch balls (speed bags) and punch bags

(punching bags); boxing or wrestling rings; assault

course climbing walls.

\(B\) Requisites for other sports and outdoor games

(other than toys presented in sets, or separately, of

heading 95.03), e.g.:

\* \* \*

\(12\) Equipment of a kind used in children\'s playgrounds

(e.g., swings, slides, see-saws and giant strides).

\* \* \*

\(14\) Other articles and equipment, such as requisites

for deck tennis, quoits or bowls; skate boards; racket

presses; mallets for polo or croquet; boomerangs; ice

axes; clay pigeons and clay pigeon projectors;

bobsleighs (bobsleds), luges and similar non-motorised

vehicles for sliding on snow or ice.

EN 95.03 clearly indicates that the heading provides for jump

ropes except those which belong to the class or kind \"gym

equipment.\" Therefore, we must determine to which class or kind

the subject jump ropes belong.

The jump ropes\' length, color and construction all indicate

they are within the scope of \"skipping ropes\" described by

heading 9503. While we recognize that there is a class or kind

of jump rope which is classifiable under heading 9506, the

subject jump ropes are not of that kind. Such jump ropes are

generally longer, and have a line made from stronger, thinner

material. Additionally, such jump ropes generally have handles

made of stronger material (e.g., wood) and in some instances the

handles contain ball bearings which allow the \"rope\" to rotate at

a much faster rate. Furthermore, jump ropes which belong to the

class or kind \"sporting equipment\" are generally imported and

retailed by sports equipment manufacturers, in a sporting goods

section of a store. We note that this position is consistent

with New York Ruling Letters (NYRL) 895150 dated March 22, 1994

and NYRL 871721 dated March 3, 1992.

The jump ropes are classifiable in heading 9503, HTSUS,

specifically, subheading 9503.90.0030, HTSUS, as \"Other toys;

reduced-size (\"scale\") models and similar recreational models,

working or not; puzzles of all kinds; parts and accessories

thereof: Other, Other: Other toys (except models), not having a

spring mechanism.\"

HOLDING:

The protest should be ALLOWED. The jump ropes are

classifiable under subheading 9503.90.0030, HTSUS, as \"Other

toys; reduced-size (\"scale\") models and similar recreational

models, working or not; puzzles of all kinds; parts and

accessories thereof: Other, Other: Other toys (except models),

not having a spring mechanism,\" with a 1996 general column one

free rate of duty.

In accordance with section 3A(11)(b) of Customs Directive

099 3550-065, dated August 4, 1993, Subject: Revised Protest

Directive, this decision should be mailed by your office to the

Protestant no later than 60 days from the date of this letter.

Any reliquidation of the entry in accordance with this decision

must be accomplished prior to the mailing of the decision. Sixty

days from the date of this decision, the Office of Regulations

and Rulings will take steps to make the decision available to

Customs personnel via the Customs Rulings Module in ACS and to

the public via the Diskette Subscription Service, Freedom of

Information Act and other public access channels. A copy of this

decision should be attached to the Customs Form 19, Notice of

Action on the protest, to be returned to the protestant.

Sincerely,

John Durant, Director

Commercial Rulings Division