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The tariff classification of a decorative gift card holder from China.
Issued November 14, 2008 by U.S. Customs and Border Protection.
Cite this ruling
Copies to clipboardN0 N042284 (November 14, 2008)
Tariff classification
HTS codes: 3926.40.0000
Headings: 3926
Product description
SKU 1250QXG6785 is identified as a Santa Gift Card Holder Ornament. The product consists of high impact polystyrene plastic Santa and penguin figures holding a gift box shaped frame with a clear window which is intended to hold and display a gift card. The dimensions are 4.3125 inches in height and 4.4375 inches in width. The ornament incorporates a steel wire loop for hanging on a Christmas tree, and is also designed to be free-standing. Although
CBP rationale
a gift box shaped frame with a clear window which is intended to hold and display a gift card. The dimensions are 4.3125 inches in height and 4.4375 inches in width. The ornament incorporates a steel wire loop for hanging on a Christmas tree, and is also designed to be free-standing. Although you state that the holder can be used as a Christmas tree ornament, Note 1 (v) to Chapter 95 of the Harmonized Tariff Schedule of the United States (HTSUS) excludes articles having a utilitarian function from classification as festive articles in heading 9505. The utilitarian aspect of an article precludes the application of the provisions for festive articles in Chapter 95 even if the product is regarded as a decorative article and the utilitarian element does not determine the classification of the merchandise. The applicable subheading for the Santa Gift Card Holder Ornament will be 3926.40.0000, Harmonized Tariff Schedule of the United States (HTSUS), which provides for other articles of plastics...statuettes and other ornamental articles. The rate of duty will be 5.3 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/.
Full text
N042284 November 14, 2008 CLA-2-39:OT:RR:E:NC:SP:221 CATEGORY: Classification TARIFF NO.: 3926.40.0000 Ms. Sandra T. Wieckowski Expediters Tradewin, LLC 11101 Metro Airport Center Drive Building M2, Suite 110 Romulus, MI 48174 RE: The tariff classification of a decorative gift card holder from China. Dear Ms. Wieckowski: In your letter dated October 21, 2008, on behalf of Hallmark Cards, Inc., you requested a tariff classification ruling. Photographs were provided with your letter. SKU 1250QXG6785 is identified as a Santa Gift Card Holder Ornament. The product consists of high impact polystyrene plastic Santa and penguin figures holding a gift box shaped frame with a clear window which is intended to hold and display a gift card. The dimensions are 4.3125 inches in height and 4.4375 inches in width. The ornament incorporates a steel wire loop for hanging on a Christmas tree, and is also designed to be free-standing. Although you state that the holder can be used as a Christmas tree ornament, Note 1 (v) to Chapter 95 of the Harmonized Tariff Schedule of the United States (HTSUS) excludes articles having a utilitarian function from classification as festive articles in heading 9505. The utilitarian aspect of an article precludes the application of the provisions for festive articles in Chapter 95 even if the product is regarded as a decorative article and the utilitarian element does not determine the classification of the merchandise. The applicable subheading for the Santa Gift Card Holder Ornament will be 3926.40.0000, Harmonized Tariff Schedule of the United States (HTSUS), which provides for other articles of plastics...statuettes and other ornamental articles. The rate of duty will be 5.3 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 Joan Mazzola at (646) 733-3023. Sincerely, Robert B. Swierupski Director National Commodity Specialist Division
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