In ruling NY N316505 (Jan. 4, 2021), Customs and Border Protection (CBP) discussed the classification of the “Sea Scooter,” a children’s pool toy capable of pulling/propelling the rider at a safe speed of 2 miles per hour and at a safe maximum depth of 10 feet underwater. As stated in the ruling, the item, powered by a 12V rechargeable battery, contains a shrouded propeller housing and equipped with two handles for the user to hold onto, each containing a handle-mounted push button control to activate the propellers.

Although it contains a camera mount, a camera is not included. The ruling states that the “Sea Scooter” is principally designed for the entertainment of children ages 8 years and older and the marketing and advertisement literature depict young children.

CBP determined that the applicable subheading for the “Sea Scooter” is 9503.00.0073, HTSUS, which provides for “Tricycles, scooters, pedal cars and similar wheeled toys…dolls, other toys…puzzles of all kinds; parts and accessories thereof… ‘Children’s products’ as defined in 15 U.S.C. § 2052: Other: Labeled or determined by importer as intended for use by persons: 3 to 12 years of age.”  The rate of duty is Free.

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Photo of Frances P. Hadfield Frances P. Hadfield

Frances P. Hadfield is a counsel in Crowell & Moring’s International Trade Group in the firm’s New York office. Her practice focuses on forced labor and withhold release orders (WRO), import regulatory compliance, and customs litigation. She regularly advises corporations on matters involving…

Frances P. Hadfield is a counsel in Crowell & Moring’s International Trade Group in the firm’s New York office. Her practice focuses on forced labor and withhold release orders (WRO), import regulatory compliance, and customs litigation. She regularly advises corporations on matters involving customs compliance, audits, customs enforcement, as well as import penalties.

Frances represents clients before the U.S. Court of International Trade and the U.S. Court of Appeals for the Federal Circuit, as well as in proceedings at the administrative level. She advises corporations on both substantive federal and state regulatory issues that involve U.S. Customs and Border Protection, the Federal Trade Commission, Food and Drug Administration, and U.S. Fish & Wildlife in matters pertaining to product admissibility, audits, classification, import restrictions, investigations, marking, licenses, origin, penalties, and tariff preference programs.

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