C86239 C8 Ruling Active

The tariff classification of a decorative ceramic article from China. Dear Ms. Gibson:

Issued April 30, 1998 by U.S. Customs and Border Protection.

Tariff classification

HTS codes: 6913.90.5000

Headings: 6913

Product description

You state that this item should be properly classified under subheading 9405.50.4000, Harmonized Tariff Schedule of the United States (HTS), which provides for other non-electrical lamps and lighting fittings. However, since the subject merchandise is not so designed to be principally used as a candleholder, consideration of classification under the above subheading is precluded.

CBP rationale

The applicable subheading for this decorative ceramic article will be 6913.90.5000, Harmonized Tariff Schedule of the United States (HTS), which provides for other ornamental ceramic articles.

Full text

NY C86239 April 30, 1998 CLA-2-69:RR:NC:2:227 C86239 CATEGORY: Classification TARIFF NO.: 6913.90.5000 Ms. Kristen Gibson Bath & Body Works 7 Limited Parkway East Reynoldsburg, OH 43068 RE: The tariff classification of a decorative ceramic article from China. Dear Ms. Gibson: In your letter dated April 1, 1998, you requested a tariff classification ruling. Sample is being returned as requested. The sample submitted is a gold-colored cone-shape ceramic article, style number 602264, which measures approximately 2 3/4 inches high with an open top diameter of 2 3/4 inches, a base diameter of 2 1/4 inches and an interior diameter of 2 inches. You state that this item should be properly classified under subheading 9405.50.4000, Harmonized Tariff Schedule of the United States (HTS), which provides for other non-electrical lamps and lighting fittings. However, since the subject merchandise is not so designed to be principally used as a candleholder, consideration of classification under the above subheading is precluded. The applicable subheading for this decorative ceramic article will be 6913.90.5000, Harmonized Tariff Schedule of the United States (HTS), which provides for other ornamental ceramic articles. The duty rate will be 6.2 percent ad valorem. This ruling is being issued under the provisions of Part 177 of the Customs Regulations (19 C.F.R. 177). A copy of the ruling or the control number indicated above should be provided with the entry documents filed at the time this merchandise is imported. If you have any questions regarding the ruling, contact National Import Specialist George Kalkines at 212-466-5794. Sincerely, Robert B. Swierupski Director, National Commodity Specialist Division

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