The tariff classification of nightlights from China.
Issued June 29, 2011 by U.S. Customs and Border Protection.
Tariff classification
HTS codes: 9817.95.05, 9405.40.8000
Product description
The merchandise under consideration involves five nightlights, item numbers 344996, 029626, 219874, 029602 and 029640. Item number 344996 is the Santa in Chimney Shimmer Night Light. The nightlight is made of plastic and has a two-prong polarized plug and on/off switch. Atop the nightlight is a three-dimensional Christmas scene cover made of plastic. It consists of a plastic ball filled with glitter resembling snow, resting on top of a chimney. Within the globe is a Santa Claus holding a sack of gifts. This cover measures approximately 3 inches by 3½ inches and is 6½ inches tall. Item number 029626 is the Holly Berry Candle Bubble Night Light. It consists of a nightlight made of plastic with a two-prong polarized plug and on/off switch. Atop the nightlight is a three-dimensional Christmas scene cover made of plastic depicting a white taper candle in a candlestick decorated with holly leaves and berries. This cover measures approximately 4 inches by 4½ inches and is 5¾ inches tall. Item number 219874 is the Tree Night Light. It consists of a nightlight made of plastic with a two-prong polarized plug and on/off switch. Atop the nightlight is a three-dimensional Christmas scene cover made of plastic depicting a Christmas tree toped with a gold star and covered with artificial snow. The base of the tree is surrounded with wrapped gifts and a teddy bear. This cover measures approximately 4 inches by 3½ inches and is 6 inches tall. Item number 029602 is the Holly Wreath Flicker Night Light. It consists of a nightlight made of plastic with a two-prong polarized plug and on/off switch. Atop the nightlight is a three-dimensional Christmas scene cover made of plastic depicting an upright Christmas wreath around a lamp-holder with lamp. The wreath is decorated with a red bow, holly leaves and berries. This cover measures approximately 3 inches by 2 inches and is 5 inches tall. Item number 029640 is the Shimmer Snowman Night Light. It consists of a nightlight made of plastic wi
CBP rationale
The applicable subheading for the Santa in Chimney Shimmer Night Light, Holly Berry Candle Bubble Night Light, Tree Night Light and the Holly Wreath Flicker Night Light, item numbers 344996, 029626, 219874 and 029602 will be 9817.95.05, HTSUS, which provides for “Articles classifiable in subheadings…9405. The applicable subheading for item number 029640, the Shimmer Snowman Night Light will be 9405.40.8000, HTSUS, the subheading which provides for “Lamps and lighting fittings…Other electric lamps and lighting fittings: Other.
Full text
N169418 June 29, 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 24, 2011, you requested a tariff classification ruling. The merchandise under consideration involves five nightlights, item numbers 344996, 029626, 219874, 029602 and 029640. Item number 344996 is the Santa in Chimney Shimmer Night Light. The nightlight is made of plastic and has a two-prong polarized plug and on/off switch. Atop the nightlight is a three-dimensional Christmas scene cover made of plastic. It consists of a plastic ball filled with glitter resembling snow, resting on top of a chimney. Within the globe is a Santa Claus holding a sack of gifts. This cover measures approximately 3 inches by 3½ inches and is 6½ inches tall. Item number 029626 is the Holly Berry Candle Bubble Night Light. It consists of a nightlight made of plastic with a two-prong polarized plug and on/off switch. Atop the nightlight is a three-dimensional Christmas scene cover made of plastic depicting a white taper candle in a candlestick decorated with holly leaves and berries. This cover measures approximately 4 inches by 4½ inches and is 5¾ inches tall. Item number 219874 is the Tree Night Light. It consists of a nightlight made of plastic with a two-prong polarized plug and on/off switch. Atop the nightlight is a three-dimensional Christmas scene cover made of plastic depicting a Christmas tree toped with a gold star and covered with artificial snow. The base of the tree is surrounded with wrapped gifts and a teddy bear. This cover measures approximately 4 inches by 3½ inches and is 6 inches tall. Item number 029602 is the Holly Wreath Flicker Night Light. It consists of a nightlight made of plastic with a two-prong polarized plug and on/off switch. Atop the nightlight is a three-dimensional Christmas scene cover made of plastic depicting an upright Christmas wreath around a lamp-holder with lamp. The wreath is decorated with a red bow, holly leaves and berries. This cover measures approximately 3 inches by 2 inches and is 5 inches tall. Item number 029640 is the Shimmer Snowman Night Light. It consists of a nightlight made of plastic with a two-prong polarized plug and on/off switch. Atop the nightlight is a three-dimensional snowman made of plastic with a black top-hat, green scarf, green mittens and holding gifts. The snowman is not decorated with a three-dimensional representation, motifs or symbols closely associated with the Christmas holiday. This cover measures approximately 3 inches by 1¼ inches and is 8½ inches tall. The five 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, four of the five 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, the nightlights will be marketed, displayed, advertised and sold for and during the Christmas holiday season. Therefore, item numbers 344996, 029626, 219874 and 029602 with three-dimensional symbols or motifs closely associated with Christmas are eligible for duty-free treatment under subheading 9817.95.05, HTSUS. The applicable subheading for the Santa in Chimney Shimmer Night Light, Holly Berry Candle Bubble Night Light, Tree Night Light and the Holly Wreath Flicker Night Light, item numbers 344996, 029626, 219874 and 029602 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. The applicable subheading for item number 029640, the Shimmer Snowman Night Light will be 9405.40.8000, HTSUS, the subheading which provides for “Lamps and lighting fittings…Other electric lamps and lighting fittings: Other.” The general rate of duty will be 3.9 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 Thomas Campanelli at (646) 733-3016. Sincerely, Robert B. Swierupski Director National Commodity Specialist Division
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