N167298 N1 Ruling Active

The tariff classification of an artificial pre-lit Christmas tree with ornaments from China

Issued May 27, 2011 by U.S. Customs and Border Protection.

Tariff classification

HTS codes: 9505.10.2500

Headings: 9505

Product description

You submitted a sample of an artificial pre-lit Christmas tree; there is no designated item number for the product. The item is a 24” high artificial tree with a metal base that constitutes the trunk. The metal base is inserted into a plastic disc shaped stand. Additionally, gold plastic tinsel is shaped to simulate the fir branches, giving the appearance of a Christmas tree. Each branch is decorated with mini LED lights.

CBP rationale

The applicable subheading for the artificial pre-lit Christmas tree will be 9505.10.2500, Harmonized Tariff Schedule of the United States (HTSUS), which provides for “Festive, carnival or other entertainment articles, including magic tricks and practical joke articles; parts and accessories thereof: Christmas ornaments: Other: Other.

Full text

N167298 May 27, 2011 CLA-2-95:OT:RR:NC:N4:425 CATEGORY: Classification TARIFF NO.: 9505.10.2500 Ms. Gwen Ozieblo Anna’s Linens 3550 Hyland Avenue Costa Mesa, CA 92626 RE: The tariff classification of an artificial pre-lit Christmas tree with ornaments from China Dear Ms. Ozieblo: In your letter dated April 20, 2011, you requested a tariff classification ruling. You submitted a sample of an artificial pre-lit Christmas tree; there is no designated item number for the product. The item is a 24” high artificial tree with a metal base that constitutes the trunk. The metal base is inserted into a plastic disc shaped stand. Additionally, gold plastic tinsel is shaped to simulate the fir branches, giving the appearance of a Christmas tree. Each branch is decorated with mini LED lights. You state in your inquiry that plastic hanging ornaments will be included in the retail package but will not be affixed to the tree prior to importation. The submitted sample did not include the tree ornaments. The sample will be returned as requested. The applicable subheading for the artificial pre-lit Christmas tree will be 9505.10.2500, Harmonized Tariff Schedule of the United States (HTSUS), which provides for “Festive, carnival or other entertainment articles, including magic tricks and practical joke articles; parts and accessories thereof: Christmas ornaments: Other: 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 Wayne Kessler at (646) 733-3026. Sincerely, Robert B. Swierupski Director National Commodity Specialist Division

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