The tariff classification of nightlights from China.
Issued June 23, 2011 by U.S. Customs and Border Protection.
Tariff classification
HTS codes: 9817.95.05, 9405.40.8000
Product description
Item number 333822 is the Santa and Fireplace Night Light. It consists of a nightlight made of plastic with a two-prong polarized plug, on/off toggle switch and a C7 size filament lamp. Atop the nightlight is a three-dimensional Christmas scene cover made of plastic depicting a fireplace measuring approximately 3¼ inches wide by 3¾ inches tall by 1½ inches deep. The fireplace is flanked by a full body Santa Claus, Christmas tree, wrapped gift boxes and stockings. Item number 333815 is the Gingerbread Night Light. It consists of a nightlight made of plastic with a two-prong polarized plug, on/off rocker switch and a C7 size filament lamp. Atop the nightlight is a three-dimensional Christmas scene cover made of clear plastic depicting a snow globe, within which is a glitter filled liquid over a picture of a gingerbread house. This cover measures approximately 3½ inches wide by 5 inches tall by 1½ inches deep. In front of the plastic snow globe is a full body gingerbread man wearing a Santa Claus hat and holding a candy cane. Item number 333839 is the Skinny Santa Shimmer Night Light. It consists of a nightlight made of plastic with a two-prong polarized plug, on/off toggle switch and a C7 size filament lamp. Atop the nightlight is a three-dimensional Christmas scene cover made of clear plastic depicting a waving Santa Claus with a glitter filled liquid body standing on a snow covered mound and holding a Christmas tree. The cover measures approximately 2 inches wide by 8½ inches tall by 2 inches deep. The three nightlights are classifiable under 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.” However, all three nightlights are decorated with three-dimensional symbols or motifs closely associated with Christmas, a specific holiday in the United States. From the information and documentation you provided, these items will be marketed, di
CBP rationale
a candy cane. Item number 333839 is the Skinny Santa Shimmer Night Light. It consists of a nightlight made of plastic with a two-prong polarized plug, on/off toggle switch and a C7 size filament lamp. Atop the nightlight is a three-dimensional Christmas scene cover made of clear plastic depicting a waving Santa Claus with a glitter filled liquid body standing on a snow covered mound and holding a Christmas tree. The cover measures approximately 2 inches wide by 8½ inches tall by 2 inches deep. The three nightlights are classifiable under 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.” However, all three nightlights are decorated with three-dimensional symbols or motifs closely associated with Christmas, a specific holiday in the United States. From the information and documentation you provided, these items will be marketed, displayed, advertised and sold for and during the Christmas holiday season. Therefore, they are eligible for duty-free treatment under subheading 9817.95.05, HTSUS. The applicable subheading for the three nightlights, item numbers 333822, 333815 and 333839 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/.
Full text
N168495 June 23, 2011 CLA-2-94:OT:RR:NC:1:110 CATEGORY: Classification TARIFF NO.: 9405.40.8000; 9817.95.05 Ms. Martha De Castro Bed Bath & Beyond 650 Liberty Ave. Union, NJ 07083 RE: The tariff classification of nightlights from China. Dear Ms. De Castro: In your letter dated May 23, 2011, you requested a tariff classification ruling. The merchandise under consideration involves three nightlights, item numbers 333822, 333815 and 333839. Samples of all three were submitted with your ruling request and will be returned to you. Item number 333822 is the Santa and Fireplace Night Light. It consists of a nightlight made of plastic with a two-prong polarized plug, on/off toggle switch and a C7 size filament lamp. Atop the nightlight is a three-dimensional Christmas scene cover made of plastic depicting a fireplace measuring approximately 3¼ inches wide by 3¾ inches tall by 1½ inches deep. The fireplace is flanked by a full body Santa Claus, Christmas tree, wrapped gift boxes and stockings. Item number 333815 is the Gingerbread Night Light. It consists of a nightlight made of plastic with a two-prong polarized plug, on/off rocker switch and a C7 size filament lamp. Atop the nightlight is a three-dimensional Christmas scene cover made of clear plastic depicting a snow globe, within which is a glitter filled liquid over a picture of a gingerbread house. This cover measures approximately 3½ inches wide by 5 inches tall by 1½ inches deep. In front of the plastic snow globe is a full body gingerbread man wearing a Santa Claus hat and holding a candy cane. Item number 333839 is the Skinny Santa Shimmer Night Light. It consists of a nightlight made of plastic with a two-prong polarized plug, on/off toggle switch and a C7 size filament lamp. Atop the nightlight is a three-dimensional Christmas scene cover made of clear plastic depicting a waving Santa Claus with a glitter filled liquid body standing on a snow covered mound and holding a Christmas tree. The cover measures approximately 2 inches wide by 8½ inches tall by 2 inches deep. The three nightlights are classifiable under 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.” However, all three nightlights are decorated with three-dimensional symbols or motifs closely associated with Christmas, a specific holiday in the United States. From the information and documentation you provided, these items will be marketed, displayed, advertised and sold for and during the Christmas holiday season. Therefore, they are eligible for duty-free treatment under subheading 9817.95.05, HTSUS. The applicable subheading for the three nightlights, item numbers 333822, 333815 and 333839 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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