WCO Explanatory Notes reproduced for reference. © World Customs Organization. Verify against official WCO publication.
95.08 Roundabouts, swings, shooting galleries and other fairground amusements; travelling circuses and travelling menageries; travelling theatres. - Travelling circuses and travelling menageries 9508.90 - Other 9508.10 Fair ound amusements, travelling circuses, travellin menageries and travelling theatres fall in this eading provided they comprise all the essentia units reqwred for their normal operation. The heading also includes items of auxiliary equipment provided they are presented with, and as components of, these various amusements, notwithstanding that when presented separately such items (e.g., tents, animals, musical instruments, ower lants, motors, lighting fittings, seats, and arms and ammunition) would fall in other hea lngs o the Nomenclature. f? f 1. i' Sub'ect to the provisions of Note 1 to this Chapter, articles which are identifiable as designed sole y or principally for use as parts and accessories of such amusements (e-g.,boats for swmgs and water-chutes), remain classified here when presented separately. Fairground amusements falling in this heading include : (1) Roundabouts of all kinds. (2) " Dodge'em " car installations. (4) Scenic railways and slides. (5) Swinging boats. (6) Shooting galleries and coconut shies. (7) Mazes. (8) Freak shows. (9) Lotteries (e.g., wheels of fortune). The heading excludes : (a) Travelling stalls for the sale of goods (confectionery and other products, etc.), for advertising or for educational or similar exhibitions. (b) Tractors and other transport vehicles, includin~trailers, other than those specially designed for and forming part of fairground amusements (e.g., rmg-stand trailers). (c) Amusement machines operated by coins, banknotes (paper currency), discs or other similar articles. (heading 95.04). (d) Goods for distribution as prizes.
Notes. 1.- This Chapter does not cover : (a) Candles (heading 34.06); (b) Fireworks or other pyrotechnic articles of heading 36.04; (c) Yarns, monofilament, cords or gut or the like for fishing, cut to length but not made up into fishing lines, of Chapter 39, heading 42.06 or Section XI; (d) Sports bags or other containers of heading 42.02, 43.03 or 43.04; (e) Fancy dress of textiles, of Chapter 61 or 62; sports clothing and special articles of apparel of textiles, of Chapter 61 or 62, whether or not incorporating incidentally protective components such as pads or padding in the elbow, knee or groin areas (for example, fencing clothing or soccer goalkeeper jerseys); (f) Textile flags or bunting, or sails for boats, sailboards or land craft, of Chapter 63; (g) Sports footwear (other than skating boots with ice or roller skates attached) of Chapter 64, or sports headgear of Chapter 65; (h) Walking-sticks, whips, riding-crops or the like (heading 66.02), or parts thereof (heading 66.03); (ij) Unmounted glass eyes for dolls or other toys, of heading 70.18; (k) Parts of general use, as defined in Note 2 to Section XV, of base metal (Section XV), or similar goods of plastics (Chapter 39); (l) Bells, gongs or the like of heading 83.06; (m) Pumps for liquids (heading 84.13), filtering or purifying machinery and apparatus for liquids or gases (heading 84.21), electric motors (heading 85.01), electric transformers (heading 85.04), discs, tapes, solid-state non-volatile storage devices, "smart cards" and other media for the recording of sound or of other phenomena, whether or not recorded (heading 85.23), radio remote control apparatus (heading 85.26) or cordless infrared remote control devices (heading 85.43); (n) Sports vehicles (other than bobsleighs, toboggans and the like) of Section XVII; (o) Children's bicycles (heading 87.12); (p) Unmanned aircraft (heading 88.06); (q) Sports craft such as canoes and skiffs (Chapter 89), or their means of propulsion (Chapter 44 for such articles made of wood); (r) Spectacles, goggles or the like, for sports or outdoor games (heading 90.04); (s) Decoy calls or whistles (heading 92.08); (t) Arms or other articles of Chapter 93; (u) Lighting strings of all kinds (heading 94.05); (v) Monopods, bipods, tripods and similar articles (heading 96.20); (w) Racket strings, tents or other camping goods, or gloves, mittens and mitts (classified according to their constituent material); or (x) Tableware, kitchenware, toilet articles, carpets and other textile floor coverings, apparel, bed linen, table linen, toilet linen, kitchen linen and similar articles having a utilitarian function (classified according to their constituent material). 2.- This Chapter includes articles in which natural or cultured pearls, precious or semi-precious stones (natural, synthetic or reconstructed), precious metal or metal clad with precious metal constitute only minor constituents. 3.- Subject to Note 1 above, parts and accessories which are suitable for use solely or principally with articles of this Chapter are to be classified with those articles. 4.- Subject to the provisions of Note 1 above, heading 95.03 applies, inter alia, to articles of this heading combined with one or more items, which cannot be considered as sets under the terms of General Interpretative Rule 3 (b), and which, if presented separately, would be classified in other headings, provided the articles are put up together for retail sale and the combinations have the essential character of toys. 5.- Heading 95.03 does not cover articles which, on account of their design, shape or constituent material, are identifiable as intended exclusively for animals, for example, “pet toys” (classification in their own appropriate heading). 6.- For the purposes of heading 95.08 : (a) The expression “amusement park rides” means a device or combination of devices or equipment that carry, convey, or direct a person or persons over or through a fixed or restricted course, including watercourses, or within a defined area for the primary purposes of amusement or entertainment. Such rides may be combined within an amusement park, theme park, water park or fairground. These amusement park rides do not include equipment of a kind commonly installed in residences or playgrounds; (b) The expression “water park amusements” means a device or combination of devices or equipment that are characterised by a defined area involving water, with no purposes built path. Water park amusements only include equipment designed specifically for water parks; and (c) The expression “fairground amusements” means games of chance, strength or skill, which commonly employ an operator or attendant and may be installed in permanent buildings or independent concession stalls. Fairground amusements do not include equipment of heading 95.04. This heading does not include equipment more specifically classified elsewhere in the Nomenclature. Subheading Note. 1.- Subheading 9504.50 covers : (a) Video game consoles from which the image is reproduced on a television receiver, a monitor or other external screen or surface; or (b) Video game machines having a self-contained video screen, whether or not portable. This subheading does not cover video game consoles or machines operated by coins, banknotes, bank cards, tokens or by any other means of payment (subheading 9504.30).