N036919 N0 Ruling Active

The tariff classification of candle holder from China.

Issued September 15, 2008 by U.S. Customs and Border Protection.

Tariff classification

HTS codes: 9405.50.4000

Headings: 9405

Product description

The merchandise under consideration is the Halloween Candle Holder, Item Number A079FA02576. The Halloween Candle Holder is constructed of several horizontal iron wire rings forming a sphere with a diameter of approximately 6 inches. The iron rings are evenly spaced from bottom to top. The top is open and features an iron wire handle. In the center bottom of the sphere is an iron cup specifically fitted for a tealight candle with a standard diameter of 1½ inches. The design of this holder does not restrict the flame of the candle from providing light completely around the article. The candle holder will be available in four assorted styles, each style will have a different figure (i.e. bat, ghost, spider or skull) attached to the outside of the sphere. From the information you provided, this Candle Holder will be sold, advertised and marketed by your Halloween Division for household use during the holiday. Classification under subheading 9817.95.05, Harmonized Tariff Schedule of the United States (HTSUS) was considered, which grants duty free treatment for articles classifiable in subheading 9405.50, HTSUS, (non-electrical lamps and lighting fittings) meeting the description of utilitarian articles in the form of a three-dimensional representation of a symbol or motif clearly associated with a specific holiday in the United States. However, the sphere is not the three-dimensional representation of a symbol or motif clearly associated with a specific holiday. Therefore, this merchandise is not classifiable under subheading 9817.95.05, HTSUS.

CBP rationale

The applicable subheading for the Halloween Candle Holder, Item Number A079FA02576 will be 9405.50.4000, HTSUS, which provides for “Lamps and lighting fittings…: Non-electrical lamps and lighting fittings: Other: Other.

Full text

N036919 September 15, 2008 CLA-2-94:OT:RR:E:NC:1:110 CATEGORY: Classification TARIFF NO.: 9405.50.4000 Mr. Troy D. Crago Atico International USA, Inc. 501 South Andrews Avenue Fort Lauderdale, FL 33301 RE: The tariff classification of candle holder from China. Dear Mr. Crago: In your letter dated August 28, 2008, you requested a tariff classification ruling. The merchandise under consideration is the Halloween Candle Holder, Item Number A079FA02576. The Halloween Candle Holder is constructed of several horizontal iron wire rings forming a sphere with a diameter of approximately 6 inches. The iron rings are evenly spaced from bottom to top. The top is open and features an iron wire handle. In the center bottom of the sphere is an iron cup specifically fitted for a tealight candle with a standard diameter of 1½ inches. The design of this holder does not restrict the flame of the candle from providing light completely around the article. The candle holder will be available in four assorted styles, each style will have a different figure (i.e. bat, ghost, spider or skull) attached to the outside of the sphere. From the information you provided, this Candle Holder will be sold, advertised and marketed by your Halloween Division for household use during the holiday. Classification under subheading 9817.95.05, Harmonized Tariff Schedule of the United States (HTSUS) was considered, which grants duty free treatment for articles classifiable in subheading 9405.50, HTSUS, (non-electrical lamps and lighting fittings) meeting the description of utilitarian articles in the form of a three-dimensional representation of a symbol or motif clearly associated with a specific holiday in the United States. However, the sphere is not the three-dimensional representation of a symbol or motif clearly associated with a specific holiday. Therefore, this merchandise is not classifiable under subheading 9817.95.05, HTSUS. The applicable subheading for the Halloween Candle Holder, Item Number A079FA02576 will be 9405.50.4000, HTSUS, which provides for “Lamps and lighting fittings…: Non-electrical lamps and lighting fittings: Other: Other.” The general rate of duty will be 6 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 Thomas Campanelli at (646) 733-3016. Sincerely, Robert B. Swierupski Director National Commodity Specialist Division

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