CBP Ruling N243219 — The tariff classification of an LED Lighted Bottle from China.

Tariff classification

Headings: 9505

Product description

You submitted a sample of an LED Lighted Bottle, identified as item number 929544, which is a glass bottle illuminated by a battery operated flameless LED candle permanently affixed to the bottom of the bottle and activated via a slide-switch. The bottle measures approximately 10-3/4” in height x 3-1/2” at its widest diameter. Securely fastened around the bottle is a wreath that measures approximately 6-1/2” at its widest diameter and is comprised of artificial pine needles, pine cones, laurel leaves and red berries that are dusted with faux snow. The bottle has a non-removable cork and is not intended to hold or store liquid. This item will be imported in two styles: clear glass and red glass. Attached to the neck of the bottle is a hang tag with the words “Merry Brite” next to a depiction of a Christmas tree ornament. The LED Lighted Bottle is purely a decorative article and does not provide light to the surrounding area. The sample will be returned per your request.

CBP rationale

The applicable subheading for item number 929544 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.

Full text

N243219 July 2, 2013 CLA-2-95:OT:RR:NC:N4:425 CATEGORY: Classification TARIFF NO.: 9505.10.2500 Ms. Jeanette Arciero Barthco International Division of OHL One CVS Drive Woonsocket, RI 02895 RE: The tariff classification of an LED Lighted Bottle from China. Dear Ms. Arciero: In your letter dated June 12, 2013, on behalf of CVS/Pharmacy, you requested a tariff classification ruling. You submitted a sample of an LED Lighted Bottle, identified as item number 929544, which is a glass bottle illuminated by a battery operated flameless LED candle permanently affixed to the bottom of the bottle and activated via a slide-switch. The bottle measures approximately 10-3/4” in height x 3-1/2” at its widest diameter. Securely fastened around the bottle is a wreath that measures approximately 6-1/2” at its widest diameter and is comprised of artificial pine needles, pine cones, laurel leaves and red berries that are dusted with faux snow. The bottle has a non-removable cork and is not intended to hold or store liquid. This item will be imported in two styles: clear glass and red glass. Attached to the neck of the bottle is a hang tag with the words “Merry Brite” next to a depiction of a Christmas tree ornament. The LED Lighted Bottle is purely a decorative article and does not provide light to the surrounding area. The sample will be returned per your request. The applicable subheading for item number 929544 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

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