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The tariff classification of a musical angel from China
Issued April 22, 2002 by U.S. Customs and Border Protection.
Cite this ruling
Copies to clipboardH8 H89951 (April 22, 2002)
Tariff classification
HTS codes: 6913.10.5000
Headings: 6913
Product description
The submitted sample, item # AL68, is a doll like figure on a metal stand wearing a fancy textile dress with a hood. There are angel wings attached to the back of the figure and, incorporated in the body, is a wind-up music box. The face, hands and feet are of porcelain. You contend that the musical angel should be classified as a doll under subheading 9502.10.0000, HTS. However, since the subject item has wings it does not represent a human and, therefore, is precluded from classification in heading 9502, HTS. The essential character of the item is imparted by the porcelain components.
CBP rationale
The applicable subheading for the musical angel, item # AL68, will be 6913.10.5000, Harmonized Tariff Schedule of the United States (HTS), which provides for ceramic ornamental articles of porcelain or china.
Full text
NY H89951 April 22, 2002 CLA-2-69:RR:NC:2:227 H89951 CATEGORY: Classification TARIFF NO.: 6913.10.5000 Ms. Jane L. Taeger Kuehne & Nagel 820 Cromwell Park Drive, Suite J Glen Burnie, MD 21061 RE: The tariff classification of a musical angel from China Dear Ms. Taeger: In your letter dated March 22, 2002, on behalf of TC & C Limited, you requested a tariff classification ruling. The submitted sample, item # AL68, is a doll like figure on a metal stand wearing a fancy textile dress with a hood. There are angel wings attached to the back of the figure and, incorporated in the body, is a wind-up music box. The face, hands and feet are of porcelain. You contend that the musical angel should be classified as a doll under subheading 9502.10.0000, HTS. However, since the subject item has wings it does not represent a human and, therefore, is precluded from classification in heading 9502, HTS. The essential character of the item is imparted by the porcelain components. The applicable subheading for the musical angel, item # AL68, will be 6913.10.5000, Harmonized Tariff Schedule of the United States (HTS), which provides for ceramic ornamental articles of porcelain or china. The duty rate will be free. 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 646-733-3028. Sincerely, Robert B. Swierupski Director, National Commodity Specialist Division
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