The tariff classification of a decorative ceramic article from China.
Issued April 7, 2011 by U.S. Customs and Border Protection.
Tariff classification
HTS codes: 6913.10.5000
Headings: 6913
Product description
The Giggle-bell Hanging Luminary consists of a bell-shaped porcelain ornament approximately 7 inches high, measuring approximately 2.5 inches at its apex tapering outwards to a base 5.25 inches in diameter. The body of the ornament is decorated with eight small star-shaped cutouts; within is a permanently mounted LED (light emitting diode) candle. Atop the bell are a metal strip shaped to resemble a ribbon, three round metal bells, metal leaf-shaped decorations, and a metal ring used to suspend the ornament from the included 10-inch-high curved metal stand. On the bottom of the bell is a three-position slide switch with settings for 4-hour timer, off, and 8-hour timer, as well as a compartment which houses two “AA” batteries. When switched on, the LED candle within the bell illuminates for either 4 or 8 hours, enhancing the cutout designs and overall decorative effect of the article. In your ruling request you suggest classification of the Hand-Painted Giggle-bell Hanging Luminary in heading 9405.40.8000, Harmonized Tariff Schedule of the United States (HTSUS), as an other electric lamp or lighting fitting. However, the illumination of the LED candle only serves to enhance the cutout designs and decorative appeal of the article. The Giggle-Bell is not designed, nor is it principally used, to provide light. Decorations are excluded from 9405 by Ch. 94, Note 1(l). Classification in heading 9405.40.8000, HTSUS, is therefore precluded.
CBP rationale
The applicable subheading for the Porcelain Hand-Painted Giggle-bell Hanging Luminary will be 6913.10.5000, Harmonized Tariff Schedule of the United States (HTSUS), which provides for “Statuettes and other ornamental ceramic articles: Of porcelain or china: Other: Other.
Full text
N153438 April 7, 2011 CLA-2-69:OT:RR:NC:4:428 CATEGORY: Classification TARIFF NO.: 6913.10.5000 Ms. Leslie Zoe Cholula QVC, Inc. Studio Park 1200 Wilson Drive West Chester, PA 19380 RE: The tariff classification of a decorative ceramic article from China. Dear Ms. Cholula: In your letter dated March 8, 2011, you requested a tariff classification ruling. The merchandise under consideration is described as the Porcelain Hand-Painted Giggle-bell Hanging Luminary. A sample was submitted with your ruling request and will be returned to you. The Giggle-bell Hanging Luminary consists of a bell-shaped porcelain ornament approximately 7 inches high, measuring approximately 2.5 inches at its apex tapering outwards to a base 5.25 inches in diameter. The body of the ornament is decorated with eight small star-shaped cutouts; within is a permanently mounted LED (light emitting diode) candle. Atop the bell are a metal strip shaped to resemble a ribbon, three round metal bells, metal leaf-shaped decorations, and a metal ring used to suspend the ornament from the included 10-inch-high curved metal stand. On the bottom of the bell is a three-position slide switch with settings for 4-hour timer, off, and 8-hour timer, as well as a compartment which houses two “AA” batteries. When switched on, the LED candle within the bell illuminates for either 4 or 8 hours, enhancing the cutout designs and overall decorative effect of the article. In your ruling request you suggest classification of the Hand-Painted Giggle-bell Hanging Luminary in heading 9405.40.8000, Harmonized Tariff Schedule of the United States (HTSUS), as an other electric lamp or lighting fitting. However, the illumination of the LED candle only serves to enhance the cutout designs and decorative appeal of the article. The Giggle-Bell is not designed, nor is it principally used, to provide light. Decorations are excluded from 9405 by Ch. 94, Note 1(l). Classification in heading 9405.40.8000, HTSUS, is therefore precluded. The applicable subheading for the Porcelain Hand-Painted Giggle-bell Hanging Luminary will be 6913.10.5000, Harmonized Tariff Schedule of the United States (HTSUS), which provides for “Statuettes and other ornamental ceramic articles: Of porcelain or china: Other: Other.” 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 Nicole Sullivan at (646) 733-3028. Sincerely, Robert B. Swierupski Director National Commodity Specialist Division
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