N247809 N2 Ruling Active

The tariff classification of a Halloween Poison Bottle.

Issued November 21, 2013 by U.S. Customs and Border Protection.

Tariff classification

HTS codes: 9505.90.6000

Headings: 9505

Product description

You submitted a sample of a “Halloween Poison Bottle” identified as item number X15912, which consists of an empty green glass bottle that measures approximately 5-1/4” in height x 2-3/8” in diameter. The bottle features a black permanently affixed stopper and has a label with an image of a bat with wings outspread and the words “Bat Wings.” There is also imagery of spider webs at the corners of the rectangular label and the words “CAUTION” and “SHAKE WELL.” Although referred to as a “bottle”, the article has a permanently sealed stopper that prevents the bottle from being opened for any liquid or food storage, and will be marked “To Be Used as a Decoration Only.” The “Halloween Poison Bottle” is to be sold specifically as decoration for Halloween. Your sample is being returned as you requested.

CBP rationale

The applicable subheading for item number X15912 will be 9505.90.6000, 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: Other: Other.

Full text

N247809 November 21, 2013 CLA-2-95 OT:RR:NC:N4:425 CATEGORY: Classification TARIFF NO.: 9505.90.6000 Ms. Carole S. Marino Missry Associates, Inc. 100 So. Washington Ave. Dunellen, NJ 08812 RE: The tariff classification of a Halloween Poison Bottle. Dear Ms. Marino: In your letter dated November 11, 2013, you requested a tariff classification ruling. You submitted a sample of a “Halloween Poison Bottle” identified as item number X15912, which consists of an empty green glass bottle that measures approximately 5-1/4” in height x 2-3/8” in diameter. The bottle features a black permanently affixed stopper and has a label with an image of a bat with wings outspread and the words “Bat Wings.” There is also imagery of spider webs at the corners of the rectangular label and the words “CAUTION” and “SHAKE WELL.” Although referred to as a “bottle”, the article has a permanently sealed stopper that prevents the bottle from being opened for any liquid or food storage, and will be marked “To Be Used as a Decoration Only.” The “Halloween Poison Bottle” is to be sold specifically as decoration for Halloween. Your sample is being returned as you requested. The applicable subheading for item number X15912 will be 9505.90.6000, 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: 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, Gwenn Klein Kirschner Acting Director National Commodity Specialist Division

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