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The tariff classification of a decorative obelisk from China
Issued November 9, 2011 by U.S. Customs and Border Protection.
Cite this ruling
Copies to clipboardN1 N190796 (November 9, 2011)
Tariff classification
HTS codes: 8306.29.0000
Headings: 8306
Product description
The submitted sample will be returned per your request. The merchandise under consideration is described as QVC’s battery-operated LED obelisk, item number M26461. It is an obelisk-shaped, decorative article made of iron wire. It incorporates 51 LED lights that run on six AA batteries (not included) and a timer that can be set to illuminate the lights for up for six hours at a time. The obelisk measures 47 inches tall by 11 inches long by 11 inches wide overall.
CBP rationale
The applicable subheading for the decorative obelisk will be 8306.29.0000, HTSUS, which provides for bells, gongs and the like, nonelectric, of base metal…statuettes and other ornaments, and parts thereof, other.
Full text
N190796 November 9, 2011 CLA-2-83:OT:RR:NC:N1:121 CATEGORY: Classification TARIFF NO.: 8306.29.0000 Ms. Heather Mooney QVC, Inc. 1200 Wilson Drive West Chester, PA 19380-4262 RE: The tariff classification of a decorative obelisk from China Dear Ms. Mooney: In your letter dated October 25, 2011, you requested a tariff classification ruling. The submitted sample will be returned per your request. The merchandise under consideration is described as QVC’s battery-operated LED obelisk, item number M26461. It is an obelisk-shaped, decorative article made of iron wire. It incorporates 51 LED lights that run on six AA batteries (not included) and a timer that can be set to illuminate the lights for up for six hours at a time. The obelisk measures 47 inches tall by 11 inches long by 11 inches wide overall. You state that it is designed to be placed on the floor in a household for decorative purposes only. The obelisk utilizes light purely for its decorative effect and to enhance its appearance. Any lighting of the surrounding area is merely incidental to the use of the obelisk as a decorative article. You propose that item M26461 be classified as other metal furniture in subheading 9403.20.0018, Harmonized Tariff Schedule of the United States (HTSUS). However, the obelisk is solely a decorative item and is not used for utilitarian purposes. This item is not classifiable in Chapter 94, Heading 9403. The applicable subheading for the decorative obelisk will be 8306.29.0000, 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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