G89337 G8 Ruling Active

The tariff classification of decorative figurines and candleholder from China.

Issued April 24, 2001 by U.S. Customs and Border Protection.

Tariff classification

HTS codes: 6913.10.5000, 6913.90.5000, 9405.50.4000

Headings: 9405, 6913

Product description

It is attired with a checkered scarf and open top wide-rimmed hat of metal. It possesses metal twig-shaped arms, outstretched in a lateral manner, with one arm holding a metal pail filled with candy. Its exterior also features small star and round-shaped cutouts as well as small raised projections simulating smiling face and buttons. There is an opening, situated at the bottom posterior, that is designed for the insertion of a candle (not included) which serves to enhance the decorative features of the snowman. a decorative cherub-like angel-shaped figurine of porcelain, known as the Winterbury Lane Tea Light Holder with Plate (stock number 795TAN4005). The angel, measuring approximately 5 ½ inches in height, is placed onto a porcelain plate that measures about 4 ¼ inches in diameter. The angel, displaying hands in a pray-like position, has star-shaped cutouts on its body and a metal halo affixed to its head. Further, it features a hollow body with an opened bottom and a small top aperture. When a candle (not included) is placed on the plate and then covered with the angel, the light serves to enhance the decorative features of the figurine. a candleholder, known as the Gold Bell Tea Light Holder (stock number 495BLZ5042), that measures about 3 ¼ inches in height. It consists of a base, simulating a small mound, that measures 2 ¾ inches in diameter and possesses a top receptacle designed for the insertion of a tea light candle (not included). There is also a sphere-shaped gold-like metal cover, which is intended to simulate a bell, that possesses a cross-shaped opening over its entire top portion and three star-shaped cutouts around its bottom portion. The top and bottom sections of this cover are separated via a metal rim extending around its circumference.

CBP rationale

The applicable subheading for the decorative ceramic figurine of stoneware, stock number 995CFS2017, will be 6913.90.5000, Harmonized Tariff Schedule of the United States (HTS), which provides for other ornamental ceramic articles, other than of porcelain or china, other. The applicable subheading for the decorative ceramic figurine of porcelain, stock number 795TAN4005, will be 6913.10.5000, HTS, which provides for other ceramic ornamental articles of porcelain, other. The applicable subheading for the candleholder, known as the Gold Bell Tea Light Holder, will be 9405.50.4000, HTS, which provides for other non-electrical lamps and lighting fittings, other.

Full text

NY G89337 April 24, 2001 CLA-2-94:RR:NC:2:227 G89337 CATEGORY: Classification TARIFF NO.: 6913.90.5000; 6913.10.5000; 9405.50.4000 Mr. John W. Whitaker O’Neill & Whitaker, Inc. United States Customs Brokers 1809 Baltimore Ave. Kansas City, MO 64108 RE: The tariff classification of decorative figurines and candleholder from China. Dear Mr. Whitaker: In your letter dated March 21, 2001, on behalf of Hallmark Cards, you requested a tariff classification ruling. Samples are being returned as requested. The samples submitted consist of the following articles: a decorative snowman-shaped figurine of stoneware, known as the First Snow Sue Nell Tea Light Holder (stock number 995CFS2017), that measures approximately 6 inches in height. It is attired with a checkered scarf and open top wide-rimmed hat of metal. It possesses metal twig-shaped arms, outstretched in a lateral manner, with one arm holding a metal pail filled with candy. Its exterior also features small star and round-shaped cutouts as well as small raised projections simulating smiling face and buttons. There is an opening, situated at the bottom posterior, that is designed for the insertion of a candle (not included) which serves to enhance the decorative features of the snowman. a decorative cherub-like angel-shaped figurine of porcelain, known as the Winterbury Lane Tea Light Holder with Plate (stock number 795TAN4005). The angel, measuring approximately 5 ½ inches in height, is placed onto a porcelain plate that measures about 4 ¼ inches in diameter. The angel, displaying hands in a pray-like position, has star-shaped cutouts on its body and a metal halo affixed to its head. Further, it features a hollow body with an opened bottom and a small top aperture. When a candle (not included) is placed on the plate and then covered with the angel, the light serves to enhance the decorative features of the figurine. a candleholder, known as the Gold Bell Tea Light Holder (stock number 495BLZ5042), that measures about 3 ¼ inches in height. It consists of a base, simulating a small mound, that measures 2 ¾ inches in diameter and possesses a top receptacle designed for the insertion of a tea light candle (not included). There is also a sphere-shaped gold-like metal cover, which is intended to simulate a bell, that possesses a cross-shaped opening over its entire top portion and three star-shaped cutouts around its bottom portion. The top and bottom sections of this cover are separated via a metal rim extending around its circumference. The applicable subheading for the decorative ceramic figurine of stoneware, stock number 995CFS2017, will be 6913.90.5000, Harmonized Tariff Schedule of the United States (HTS), which provides for other ornamental ceramic articles, other than of porcelain or china, other. The rate of duty will be 6 percent ad valorem. The applicable subheading for the decorative ceramic figurine of porcelain, stock number 795TAN4005, will be 6913.10.5000, HTS, which provides for other ceramic ornamental articles of porcelain, other. The rate of duty will be free. The applicable subheading for the candleholder, known as the Gold Bell Tea Light Holder, will be 9405.50.4000, HTS, which provides for other non-electrical lamps and lighting fittings, other. The rate of duty will be 6 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 212-637-7073. Sincerely, Robert B. Swierupski Director, National Commodity Specialist Division

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