The tariff classification of a candleholder centerpiece from China.
Issued July 9, 2010 by U.S. Customs and Border Protection.
Tariff classification
HTS codes: 9817.95.05, 9405.50.4000
Product description
The Holiday Candleholder Centerpiece measures approximately 25 inches long by 14 inches wide by 8 inches high. It consists of a collection of artificial foliage including evergreens, poinsettias, apples, berry clusters, and natural pinecones and twigs. In the center of this arrangement is a tulip-shaped translucent red glass candleholder specifically designed to contain a 3-inch pillar candle. The Holiday Candleholder Centerpiece is classifiable under subheading 9405.50.4000, Harmonized Tariff Schedule of the United States (HTSUS), which provides for non-electric lamps and lighting fittings. However, this item is comprised of three-dimensional representations of foliage closely associated with Christmas, a specific holiday in the United States. From the information you provided, the Holiday Candleholder Centerpiece is designed, marketed, advertised, and sold during and in celebration of the Christmas holiday.
CBP rationale
The applicable subheading for the Holiday Candleholder Centerpiece, item number 802072, will be 9817.95.05, HTSUS, which provides for “Articles classifiable in subheadings…9405.
Full text
N112640 July 9, 2010 CLA-2-94:OT:RR:NC:1:110 CATEGORY: Classification TARIFF NO.: 9405.50.4000, 9817.95.05 Ms. Una Sidlik Barthco International One CVS Drive Woonsocket, RI 02895 RE: The tariff classification of a candleholder centerpiece from China. Dear Ms. Sidlik: In your letter dated June 23, 2010, you requested a tariff classification ruling. The merchandise under consideration is the Holiday Candleholder Centerpiece, item number 802072. A sample was submitted with your ruling request and will be returned to you. The Holiday Candleholder Centerpiece measures approximately 25 inches long by 14 inches wide by 8 inches high. It consists of a collection of artificial foliage including evergreens, poinsettias, apples, berry clusters, and natural pinecones and twigs. In the center of this arrangement is a tulip-shaped translucent red glass candleholder specifically designed to contain a 3-inch pillar candle. The Holiday Candleholder Centerpiece is classifiable under subheading 9405.50.4000, Harmonized Tariff Schedule of the United States (HTSUS), which provides for non-electric lamps and lighting fittings. However, this item is comprised of three-dimensional representations of foliage closely associated with Christmas, a specific holiday in the United States. From the information you provided, the Holiday Candleholder Centerpiece is designed, marketed, advertised, and sold during and in celebration of the Christmas holiday. The applicable subheading for the Holiday Candleholder Centerpiece, item number 802072, will be 9817.95.05, HTSUS, which provides for “Articles classifiable in subheadings…9405.20, 9405.40 or 9405.50, the foregoing meeting the descriptions set forth below: 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.” The general rate of duty will be Free. 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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