The tariff classification of a Halloween witch from China
Issued September 5, 2001 by U.S. Customs and Border Protection.
Tariff classification
HTS codes: 9505.90.6000
Headings: 9505
Product description
The article is a 42” high figure of a witch holding a fabric broom. The witch stands on a platform and is portrayed wearing a black top and long skirt. Her body, from the waist up, is stuffed with textile material. Her legs are implied to exist beneath a long black skirt, which covers a wooden shaft running up into the figure’s torso. The witch wears a shiny purple apron with a gold star design over her skirt. Her black top is sprinkled with glitter and she wears a black pointed witch’s hat. The collar around her neck and the band around her hat are of the same fabric as her apron. She has an opening in her back for insertion of a battery pack with an on/off switch. A motion detector is located within the figure’s chest that causes the witch to speak when someone approaches. She can say up to 7 different phrases, such as “I will get you my pretty”. The witch has green eyes that light up and flash when she speaks. Although she features a long crooked nose, her face conveys a pleasant and friendly smile. A smaller version of the witch is available that measures 28” in height, but does not hold a broom. Both styles will be sold and marketed for use on Halloween. The “Electronic Witch” portrays a recognized symbol of Halloween. She is designed for use as a decoration and will be used in celebration of and for entertainment on the holiday. Based on these findings we conclude that the product satisfies all the requirements for the festive article provision. Your sample is being returned as requested.
CBP rationale
a fabric broom. The witch stands on a platform and is portrayed wearing a black top and long skirt. Her body, from the waist up, is stuffed with textile material. Her legs are implied to exist beneath a long black skirt, which covers a wooden shaft running up into the figure’s torso. The witch wears a shiny purple apron with a gold star design over her skirt. Her black top is sprinkled with glitter and she wears a black pointed witch’s hat. The collar around her neck and the band around her hat are of the same fabric as her apron. She has an opening in her back for insertion of a battery pack with an on/off switch. A motion detector is located within the figure’s chest that causes the witch to speak when someone approaches. She can say up to 7 different phrases, such as “I will get you my pretty”. The witch has green eyes that light up and flash when she speaks. Although she features a long crooked nose, her face conveys a pleasant and friendly smile. A smaller version of the witch is available that measures 28” in height, but does not hold a broom. Both styles will be sold and marketed for use on Halloween. The “Electronic Witch” portrays a recognized symbol of Halloween. She is designed for use as a decoration and will be used in celebration of and for entertainment on the holiday. Based on these findings we conclude that the product satisfies all the requirements for the festive article provision. Your sample is being returned as requested. The applicable subheading for the “Electronic Witch” (both 42” and 28” high), code EKU, will be 9505.90.6000, Harmonized Tariff Schedule of the United States (HTS), which provides for festive, carnival or other entertainment articles, including magic tricks and practical joke articles; parts and accessories thereof: other: other. The rate of duty will be free. At this time articles classified in HTS 9505.90.6000 are not subject to quota restraints or visa requirements.
Full text
NY H85310 September 5, 2001 CLA-2-95:RR:NC:SP:225 H85310 CATEGORY: Classification TARIFF NO.: 9505.90.6000 Ms. Pilar Dorfman E. Besler & Company 115 Martin Lane Elk Grove Village, IL 60007-1309 RE: The tariff classification of a Halloween witch from China Dear Ms. Dorfman: In your letter dated August 8, 2001, received in this office on August 16, 2001, you requested a tariff classification ruling on behalf of LTD Commodities Incorporated. A sample of the “Electronic Witch”, code EKU, was submitted with your inquiry. The article is a 42” high figure of a witch holding a fabric broom. The witch stands on a platform and is portrayed wearing a black top and long skirt. Her body, from the waist up, is stuffed with textile material. Her legs are implied to exist beneath a long black skirt, which covers a wooden shaft running up into the figure’s torso. The witch wears a shiny purple apron with a gold star design over her skirt. Her black top is sprinkled with glitter and she wears a black pointed witch’s hat. The collar around her neck and the band around her hat are of the same fabric as her apron. She has an opening in her back for insertion of a battery pack with an on/off switch. A motion detector is located within the figure’s chest that causes the witch to speak when someone approaches. She can say up to 7 different phrases, such as “I will get you my pretty”. The witch has green eyes that light up and flash when she speaks. Although she features a long crooked nose, her face conveys a pleasant and friendly smile. A smaller version of the witch is available that measures 28” in height, but does not hold a broom. Both styles will be sold and marketed for use on Halloween. The “Electronic Witch” portrays a recognized symbol of Halloween. She is designed for use as a decoration and will be used in celebration of and for entertainment on the holiday. Based on these findings we conclude that the product satisfies all the requirements for the festive article provision. Your sample is being returned as requested. The applicable subheading for the “Electronic Witch” (both 42” and 28” high), code EKU, will be 9505.90.6000, Harmonized Tariff Schedule of the United States (HTS), which provides for festive, carnival or other entertainment articles, including magic tricks and practical joke articles; parts and accessories thereof: other: other. The rate of duty will be free. At this time articles classified in HTS 9505.90.6000 are not subject to quota restraints or visa requirements. 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 J. Wong at 212-637-7028. Sincerely, Robert B. Swierupski Director, National Commodity Specialist Division
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