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The tariff classification of a faceted sphere from China
Issued September 21, 2010 by U.S. Customs and Border Protection.
Cite this ruling
Copies to clipboardN1 N120760 (September 21, 2010)
Tariff classification
HTS codes: 3926.40.0000
Headings: 3926
Product description
The sphere incorporates multi-colored LED lights powered with a lithium battery permanently encased in the plastic unit and activated by a button switch on the bottom of the sphere. The sphere is submersible and can be used to provide a lighted accent in vases, bowls or water-filled containers. You suggest classification in subheading 9405.40.8000, Harmonized Tariff Schedule of the United States (HTSUS), which provides for lamps and lighting fittings…: other electric lamps and lighting fittings…: other. The light emitted by the submersible sphere is not practical or usable, and serves only to enhance the decorative effect of the article. Decorations (other than electric garlands) are excluded from classification in Chapter 94 by Note 1(l) to Chapter 94. Therefore, classification of the sphere in 9405.40.8000 is precluded.
CBP rationale
The applicable subheading for the faceted sphere will be 3926.40.0000, HTSUS, which provides for other articles of plastics…statuettes and other ornamental articles.
Full text
N120760 September 21, 2010 CLA-2-39:OT:RR:NC:N4:421 CATEGORY: Classification TARIFF NO.: 3926.40.0000 Ms. Annie Kaminski FloraCraft Corporation P.O. Box 400 One Longfellow Place Ludington, MI 49431 RE: The tariff classification of a faceted sphere from China Dear Ms. Kaminski: In your letter dated August 25, 2010, you requested a tariff classification ruling. The sample submitted with your request is a faceted sphere measuring approximately 1 ¾ inches in diameter that is made of clear molded plastic. The sphere incorporates multi-colored LED lights powered with a lithium battery permanently encased in the plastic unit and activated by a button switch on the bottom of the sphere. The sphere is submersible and can be used to provide a lighted accent in vases, bowls or water-filled containers. You suggest classification in subheading 9405.40.8000, Harmonized Tariff Schedule of the United States (HTSUS), which provides for lamps and lighting fittings…: other electric lamps and lighting fittings…: other. The light emitted by the submersible sphere is not practical or usable, and serves only to enhance the decorative effect of the article. Decorations (other than electric garlands) are excluded from classification in Chapter 94 by Note 1(l) to Chapter 94. Therefore, classification of the sphere in 9405.40.8000 is precluded. The applicable subheading for the faceted sphere will be 3926.40.0000, 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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