M85287 M8 Ruling Active

The tariff classification of a rechargeable candle set from China.

Issued July 27, 2006 by U.S. Customs and Border Protection.

Tariff classification

HTS codes: 8513.10.4000

Headings: 8513

Product description

The submitted sample is an electric candle set that is comprised of the following components: six portable battery-operated cylindrical-matching LED lamps, each in the form of a candle with a flame-like top and a bottom, push-button light switch; six cylindrical-shaped frosted-glass holders for these LED lamps; and a recharging base, with a UL adapter, which is designed to accommodate the insertion of these LED lamps. It is stated that this set, at the time of importation, will be put up in a manner suitable for sale directly to users without repacking. The essential character of the set is imparted by the portable electric LED lamps.

CBP rationale

The applicable subheading for this rechargeable candle set will be 8513.10.4000, Harmonized Tariff Schedule of the United States (HTSUS), which provides for other portable electric lamps designed to function by their own source of energy.

Full text

NY M85287 July 27, 2006 CLA-2-85:RR:NC:1:108 M85287 CATEGORY: Classification TARIFF NO.: 8513.10.4000 Ms. Tracey Jackson HSN 1 HSN Drive St. Petersburg, FL 33729 RE: The tariff classification of a rechargeable candle set from China. Dear Ms. Jackson: In your letter dated July 14, 2006, you requested a tariff classification ruling. The submitted sample is an electric candle set that is comprised of the following components: six portable battery-operated cylindrical-matching LED lamps, each in the form of a candle with a flame-like top and a bottom, push-button light switch; six cylindrical-shaped frosted-glass holders for these LED lamps; and a recharging base, with a UL adapter, which is designed to accommodate the insertion of these LED lamps. It is stated that this set, at the time of importation, will be put up in a manner suitable for sale directly to users without repacking. The essential character of the set is imparted by the portable electric LED lamps. The applicable subheading for this rechargeable candle set will be 8513.10.4000, Harmonized Tariff Schedule of the United States (HTSUS), which provides for other portable electric lamps designed to function by their own source of energy. The rate of duty will be 3.5 percent ad valorem. Duty rates are provided for your convenience and are subject to change. The text of the most recent HTSUS and the accompanying duty rates are provided on World Wide Web at http://www.usitc.gov/tata/hts/. 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 Michael Contino at 646-733-3014. Sincerely, Robert B. Swierupski Director, National Commodity Specialist Division

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