The tariff classification of LED candles from China
Issued July 20, 2012 by U.S. Customs and Border Protection.
Tariff classification
HTS codes: 3926.40.0000
Headings: 3926
Product description
The item is a set of two LED candles, approximately 6.5 inches in height, made of clear molded plastic with a round base and an imitation flame on top. The candles feature a glitter filled body that lights up by the three included LR44 button cell batteries in the base. A switch on the base activates the color changing LED light in the candles. The light functions to illuminate the clear candle but provides almost no illumination to the surrounding area. The flame portion of the candle shaped decoration is a separate molded piece glued to the top of the candle body, and is not illuminated by the light in the candle body.
CBP rationale
The applicable subheading for the Light up (LED) Candles, item number 888089, will be 3926.40.0000, Harmonized Tariff Schedule of the United States (HTSUS), which provides for other articles of plastics.
Full text
N222915 July 20, 2012 CLA-2-39:OT:RR:NC:N4:421 CATEGORY: Classification TARIFF NO.: 3926.40.0000 Ms. Jeanette Arciero Barthco International, division of OHL One CVS Drive Woonsocket, RI 02895 RE: The tariff classification of LED candles from China Dear Ms. Arciero: In your letter dated June 21, 2012, on behalf of CVS Pharmacy, you requested a tariff classification ruling. A sample of item number 888089, referred to as “Light up Candles,” was submitted with your request. The item is a set of two LED candles, approximately 6.5 inches in height, made of clear molded plastic with a round base and an imitation flame on top. The candles feature a glitter filled body that lights up by the three included LR44 button cell batteries in the base. A switch on the base activates the color changing LED light in the candles. The light functions to illuminate the clear candle but provides almost no illumination to the surrounding area. The flame portion of the candle shaped decoration is a separate molded piece glued to the top of the candle body, and is not illuminated by the light in the candle body. The applicable subheading for the Light up (LED) Candles, item number 888089, 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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