The tariff classification of a color changing LED heart from China
Issued June 11, 2012 by U.S. Customs and Border Protection.
Tariff classification
HTS codes: 3926.40.0000
Headings: 3926
Product description
The product is a decorative display item consisting of a clear molded plastic heart on a red heart shaped base. A switch on the base activates the color changing LED light in the heart. The light functions principally to illuminate the clear heart but does not provide any significant illumination of the surrounding area. The item measures approximately 2 ¾ inches in height by 2 inches in width. Although the sample is marked with a removable paper tag printed with the words “happy valentine’s day,” the product itself is in the form of a generic heart and is not marked with any reference to Valentine’s Day. There is nothing that limits the use of this decorative article to any particular holiday and it is suitable for year round display.
CBP rationale
The applicable subheading for the color changing LED heart will be 3926.40.0000, Harmonized Tariff Schedule of the United States (HTSUS), which provides for other articles of plastics.
Full text
N217540 June 11, 2012 CLA-2-39:OT:RR:NC:N4:421 CATEGORY: Classification TARIFF NO.: 3926.40.0000 Mr. Denni Awana Inter-Orient Services 1455 Monterey Pass Road, Suite #205 Monterey Park, CA 91754 RE: The tariff classification of a color changing LED heart from China Dear Mr. Awana: In your letter dated May 7, 2012, on behalf of Pan Asia Creations (BVI) Ltd., you requested a tariff classification ruling. The sample provided with your letter is identified as style #2425-03585 color changing LED heart. The product is a decorative display item consisting of a clear molded plastic heart on a red heart shaped base. A switch on the base activates the color changing LED light in the heart. The light functions principally to illuminate the clear heart but does not provide any significant illumination of the surrounding area. The item measures approximately 2 ¾ inches in height by 2 inches in width. Although the sample is marked with a removable paper tag printed with the words “happy valentine’s day,” the product itself is in the form of a generic heart and is not marked with any reference to Valentine’s Day. There is nothing that limits the use of this decorative article to any particular holiday and it is suitable for year round display. The applicable subheading for the color changing LED heart will be 3926.40.0000, Harmonized Tariff Schedule of the United States (HTSUS), which provides for other articles of plastics...statuettes and other ornamental articles. The rate of duty will be 5.3 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 Joan Mazzola at (646) 733-3023. Sincerely, Thomas J. Russo Director National Commodity Specialist Division
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