D87522 D8 Ruling Active

The tariff classification of lighted Christmas decorations from China.

Issued February 24, 1999 by U.S. Customs and Border Protection.

Tariff classification

HTS codes: 9405.40.8000, 9505.10.2500

Headings: 9405, 9505

Product description

You have submitted four samples of electrical articles that will be used during the Christmas holiday season. The first sample is identified as item #W74J0098. It is a porcelain angel tree top. The head and arms are made of porcelain. The halo in back of the angel’s head is made of acrylic. The plastic cone shaped bottom is designed with a hard plastic circle that holds 10 lights. Each light is inserted in a separate hole. The angel holds a light in each hand. This product is designed for indoor use only. The second sample is item #W74C8976, a light sculpture with 50 miniature lights. The sculpture is in the shape of a standing reindeer. This article includes suction cups for mounting the sculpture in a window, or an easel stand for a table display. The sculpture is designed for indoor and outdoor use. The third sample is item #W7412103, a flashing light tree top that contains 21 lights. This product may be used on the top of Christmas trees, walls, doors, fireplaces or windows. The fourth sample is identified as item #W74C8983, dancing snow flake light sculptures. The set consists of four light sculptures that are wired together and programmed to light in a precise sequence from sculpture 1 to 4, then the sequence is repeated. Each sculpture is designed as a snow flake and it contains 50 lights. The set includes an adjustable motion box to control the lighting effect that simulates motion. The samples are returned as you requested.

CBP rationale

The applicable subheading for the angel tree top, light sculpture with 50 miniature lights, and the flashing light tree top, will be 9505.10.2500, Harmonized Tariff Schedule of the United States (HTS), which provides for...articles articles for Christmas festivities and parts and accessories thereof: Christmas ornaments: other. The rate of duty will be free. The applicable subheading for the snow flake light sculptures will be 9405.40.8000, HTS, which provides for other electric lamps and lighting fittings: other.

Full text

NY D87522 February 24, 1999 CLA-2-95:RR:NC:SP:222 D87522 CATEGORY: Classification TARIFF NO.: 9405.40.8000; 9505.10.2500 Ms. Ginny Poyer Atico International USA, Inc. P. O. Box 14368 Ft. Lauderdale, FL 33302 RE: The tariff classification of lighted Christmas decorations from China. Dear Ms. Poyer: In your letter dated January 27, 1999, you requested a tariff classification ruling. You have submitted four samples of electrical articles that will be used during the Christmas holiday season. The first sample is identified as item #W74J0098. It is a porcelain angel tree top. The head and arms are made of porcelain. The halo in back of the angel’s head is made of acrylic. The plastic cone shaped bottom is designed with a hard plastic circle that holds 10 lights. Each light is inserted in a separate hole. The angel holds a light in each hand. This product is designed for indoor use only. The second sample is item #W74C8976, a light sculpture with 50 miniature lights. The sculpture is in the shape of a standing reindeer. This article includes suction cups for mounting the sculpture in a window, or an easel stand for a table display. The sculpture is designed for indoor and outdoor use. The third sample is item #W7412103, a flashing light tree top that contains 21 lights. This product may be used on the top of Christmas trees, walls, doors, fireplaces or windows. The fourth sample is identified as item #W74C8983, dancing snow flake light sculptures. The set consists of four light sculptures that are wired together and programmed to light in a precise sequence from sculpture 1 to 4, then the sequence is repeated. Each sculpture is designed as a snow flake and it contains 50 lights. The set includes an adjustable motion box to control the lighting effect that simulates motion. The samples are returned as you requested. The applicable subheading for the angel tree top, light sculpture with 50 miniature lights, and the flashing light tree top, will be 9505.10.2500, Harmonized Tariff Schedule of the United States (HTS), which provides for...articles articles for Christmas festivities and parts and accessories thereof: Christmas ornaments: other. The rate of duty will be free. The applicable subheading for the snow flake light sculptures will be 9405.40.8000, HTS, which provides for other electric lamps and lighting fittings: other. The rate of duty will be 3.9 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 Alice Masterson at 212-637-7090. Sincerely, Robert B. Swierupski Director, National Commodity Specialist Division

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