Sperm Plush Toy Triggers 7% Duty & CPSIA Exclusion

The U.S. Customs TEAM 717 has determined that they will re-classify some of Artistic Toy's plush toys as NON-Toys because they don't meet the the US Custom's definition of a toy. Our salespeople and customers need to be aware of this because it triggers a 7% duty to be paid on non-toys. The Consumer Product Commission (CPC) and the Promotional Products Industry need to be aware of this due to manufacturers getting conflicting messages from different government agencies. At the same time, more evaluation is required by manufactureres to stay in compliance.

Artistic Toy follows the basic classification guideline that all their products qualify under the Consumer Product Safety Improvement Act's (CPSIA) definition of Children's Toys; "a consumer product designed or intended by the manufacturer for a child up to 12 years of age for use by the child when the child plays"

U.S. Customs uses a general rule of thumb to define toys. "A toy must bring amusement to children or adults to be classified as a toy for US customs importing."

When U.S. Customs, determines that an Artistic Toy plush toy is a NON-TOY then a 7% duty is due. The new Customs reclassification will also trigger Artistic Toy to examine the NON-TOY classification and see if it will provide relief from the CPSIA law.

There could be some potentially good news for customers because it was assumed all Artistic Toy products were Children Toys and would require CPSIA enforcement. Upon further review by U.S. Customs, it was found not all of the products are considered toys. This non-toy ruling triggers some discussion and possible exclusion from the CPSIA regulations.

Below are some products examined by US Customs:

1. Sperm Toy - RULED NON-TOY - Subject to 7% Duty. Customs believes this product will sit on someone's desk, deemed miscellaneous textile product (6307.90.9889 HARM Code), and will not provided amusement of children or adults.

2. Baby Paper - RULED NON-TOY - Subject to 7% Duty. Deemed to be miscellaneous textile product because they couldn’t readily see it as a toy and how it would be played with by infants.

3. Boobie Blanket- RULED TOY - NO DUTY - After physical examination determined that duck head on blanket qualifies product to be toy.

In the case of the Baby Paper and the Boobie Blanket products examined by U.S. Customs clients will be need to comply with both regulations(7% Duty + CPSIA). According to U.S. Customs the Boobie Blanket qualifies as a Toy because the duck head is seen as a toy a child would play with. You might be confused right now; however, could find it encouraging to know that there is a Ruling Database that can be researched and appealed for US customs decisions. Although you should be aware the appeal process can be long and costly.

The client who ordered the Sperm will be unhappy to know they now have a 7% duty to pay; however, they will have a favorable argument to exclude their product CPSIA's regulations because it would fall outside of the scope of the law. (i.e. Children's Product, Children's Toy, Child Care Article)