CBP Ruling N219599 — The classification of a Christmas decoration from China.

Tariff classification

Headings: 9505

Product description

You submitted samples of two designs of a Holiday Lantern, identified as item number 889290. The first design, “Santa”, is a red metal lantern that measures approximately 11” in height x 5” square at its base, with a triangular shaped “roof” with snowflake-shaped perforations. The “roof” also has an attached hanging ring. The center section of the lantern features four clear plastic panels supported on all corners by metal strip bar framing. One side panel is hinged to serve as a door. Inside the lantern, at its center, is an artificial fir tree with faux snow-covered branches. The tree also has attached mini bulbs. Connected to the tree, is a three-dimensional figure of Santa Claus sitting in a sleigh that is pulled by harnessed reindeer. These figures appear to be made of agglomerated stone. Affixed at the top of the tree is a clear plastic star. Underneath the lantern is a slide switch. When moved to the on position, the star and the tree light up. The second design, “Carolers”, is a gray metal lantern constructed and sized identically to the aforementioned “Santa” design, and whose fir tree lights up via a similar slide switch. The only difference, besides color, is that instead of Santa Claus and his reindeer inside the lantern, there are three-dimensional figures of a man, woman, and boy standing in front of the decorated fir tree, holding books, and simulating singing Christmas carols. Although referred to as lanterns, the light from these lanterns does not illuminate the surrounding area but merely illuminates the decorated tree and agglomerated stone figures inside the lantern. The articles are purely decorative, marketed and sold specifically for Christmas. Your samples are being returned upon your request.

CBP rationale

books, and simulating singing Christmas carols. Although referred to as lanterns, the light from these lanterns does not illuminate the surrounding area but merely illuminates the decorated tree and agglomerated stone figures inside the lantern. The articles are purely decorative, marketed and sold specifically for Christmas. Your samples are being returned upon your request. The applicable subheading for the Holiday Lantern (“Santa” and “Carolers” designs), identified as item number 889290, 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/.

Full text

N219599 June 13, 2012 CLA-2-95 OT:RR:NC:N4:425 CATEGORY: Classification TARIFF NO.: 9505.10.2500 Ms. Jeanette Arciero CVS On-Site Import Client Liaison Barthco International Division of OHL One CVS Drive Woonsocket, RI 02895 RE: The classification of a Christmas decoration from China. Dear Ms. Arciero: In your letter dated May 23, 2012, you requested a tariff classification ruling. You submitted samples of two designs of a Holiday Lantern, identified as item number 889290. The first design, “Santa”, is a red metal lantern that measures approximately 11” in height x 5” square at its base, with a triangular shaped “roof” with snowflake-shaped perforations. The “roof” also has an attached hanging ring. The center section of the lantern features four clear plastic panels supported on all corners by metal strip bar framing. One side panel is hinged to serve as a door. Inside the lantern, at its center, is an artificial fir tree with faux snow-covered branches. The tree also has attached mini bulbs. Connected to the tree, is a three-dimensional figure of Santa Claus sitting in a sleigh that is pulled by harnessed reindeer. These figures appear to be made of agglomerated stone. Affixed at the top of the tree is a clear plastic star. Underneath the lantern is a slide switch. When moved to the on position, the star and the tree light up. The second design, “Carolers”, is a gray metal lantern constructed and sized identically to the aforementioned “Santa” design, and whose fir tree lights up via a similar slide switch. The only difference, besides color, is that instead of Santa Claus and his reindeer inside the lantern, there are three-dimensional figures of a man, woman, and boy standing in front of the decorated fir tree, holding books, and simulating singing Christmas carols. Although referred to as lanterns, the light from these lanterns does not illuminate the surrounding area but merely illuminates the decorated tree and agglomerated stone figures inside the lantern. The articles are purely decorative, marketed and sold specifically for Christmas. Your samples are being returned upon your request. The applicable subheading for the Holiday Lantern (“Santa” and “Carolers” designs), identified as item number 889290, 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, Thomas J. Russo Director National Commodity Specialist Division

View original on CBP CROSS →