The tariff classification of a decorative advent calendar from China
Issued September 24, 2010 by U.S. Customs and Border Protection.
Tariff classification
HTS codes: 8306.29.0000
Headings: 8306
Product description
The submitted sample is being returned to you. The merchandise under consideration is called the Bucket and Branch Advent Calendar (SKU# 2872042). It is a decorative article comprised of five plastic rods that resemble birch tree branches; twenty-five galvanized, rustic bronze buckets, each marked with a number from 1-25 representing each of the 25 days of December leading up to Christmas; two iron hooks for hanging; and jute rope. The branches measure 48 inches long, hang horizontally, one below the other, and are tied together with rope. Five buckets are tied to each branch. Each bucket measures 4 inches high, has a bottom diameter of 2.75 inches and an open top diameter of 4 inches. You indicate that the buckets will be filled with candies or small gifts to count down each day of Advent. The Bucket and Branch Advent Calendar measures 80 inches long by 48 inches wide overall and is designed to be hung on a wall. This product will be sold via internet and your Holiday 2010 catalogue. Although you have stated that the article will be marketed as an Advent Calendar, its non-festive appearance, metal bucket construction, sheer size and weight, as well as its anchoring on a wall via metal hanging brackets fastened in permanent holes in the wall, suggests that the article’s use is not limited to Christmas. Consequently, it is not classifiable as a festive article.
CBP rationale
The applicable subheading for the wall mounted Advent Calendar will be 8306.29.0000, Harmonized Tariff Schedule of the United States (HTSUS), which provides for bells, gongs and the like, nonelectric, of base metal…statuettes and other ornaments, and parts thereof, other.
Full text
N123315 September 24, 2010 CLA-2-83:OT:RR:NC:N1:121 CATEGORY: Classification TARIFF NO.: 8306.29.0000 Ms. Ruby Chan Williams-Sonoma, Inc. 151 Union Street San Francisco, CA 94111 RE: The tariff classification of a decorative advent calendar from China Dear Ms. Chan: In your letter dated August 5, 2010, you requested a tariff classification ruling. The submitted sample is being returned to you. The merchandise under consideration is called the Bucket and Branch Advent Calendar (SKU# 2872042). It is a decorative article comprised of five plastic rods that resemble birch tree branches; twenty-five galvanized, rustic bronze buckets, each marked with a number from 1-25 representing each of the 25 days of December leading up to Christmas; two iron hooks for hanging; and jute rope. The branches measure 48 inches long, hang horizontally, one below the other, and are tied together with rope. Five buckets are tied to each branch. Each bucket measures 4 inches high, has a bottom diameter of 2.75 inches and an open top diameter of 4 inches. You indicate that the buckets will be filled with candies or small gifts to count down each day of Advent. The Bucket and Branch Advent Calendar measures 80 inches long by 48 inches wide overall and is designed to be hung on a wall. This product will be sold via internet and your Holiday 2010 catalogue. Although you have stated that the article will be marketed as an Advent Calendar, its non-festive appearance, metal bucket construction, sheer size and weight, as well as its anchoring on a wall via metal hanging brackets fastened in permanent holes in the wall, suggests that the article’s use is not limited to Christmas. Consequently, it is not classifiable as a festive article. The applicable subheading for the wall mounted Advent Calendar will be 8306.29.0000, Harmonized Tariff Schedule of the United States (HTSUS), which provides for bells, gongs and the like, nonelectric, of base metal…statuettes and other ornaments, and parts thereof, other. The 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 Barbara Kaiser at (646) 733-3024. Sincerely, Robert B. Swierupski Director National Commodity Specialist Division
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