N258262 N2 Ruling Active

The tariff classification of Star Wars wall decals from China

Issued November 5, 2014 by U.S. Customs and Border Protection.

Tariff classification

HTS codes: 3919.90.5060

Headings: 3919

Product description

Style 51006 is a sheet of Star Wars decals that can be used to decorate walls or other flat surfaces. The sheet includes an assortment of pressure sensitive stickers made of polyvinyl chloride plastic sheeting on a peel-off paper backing. The largest decal is a 19 inch by 14 inch silhouette of Yoda holding his gimer stick. Other shapes include four individual Tie Fighter aircraft, two AT-AT (All Terrain Armored Transport) walker vehicles, two bats, one leafless tree and one decal depicting a Tie Fighter, a bat, and a cloud against a background outline of the moon.

CBP rationale

his gimer stick. Other shapes include four individual Tie Fighter aircraft, two AT-AT (All Terrain Armored Transport) walker vehicles, two bats, one leafless tree and one decal depicting a Tie Fighter, a bat, and a cloud against a background outline of the moon. You state that the wall decals will only be sold during the Halloween season for decorative purposes. To qualify as a festive article of heading 9505 of the Harmonized Tariff Schedule of the United States (HTSUS), an item must be both decorative and traditionally associated with a particular holiday. The bulk of the stickers clearly depict a character and vehicles from the Star Wars movie series and are not symbols of Halloween. The fact that the decals are in silhouette rather than in full color and that the assortment includes several flying bats does not limit the display of the stickers to a particular holiday. The applicable subheading for the Star Wars wall decals, style 51006, will be 3919.90.5060, HTSUS, which provides for self-adhesive plates, sheets, film, foil, tape, strip and other flat shapes, of plastics, whether or not in rolls…other…other. The rate of duty will be 5.8 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/.

Full text

N258262 November 5, 2014 CLA-2-39:OT:RR:NC:N2:421 CATEGORY: Classification TARIFF NO.: 3919.90.5060 Ms. Kim Benedetto Seasons USA, Incorporated 3434 Heather Lane Wantagh, NY 11793 RE: The tariff classification of Star Wars wall decals from China Dear Ms. Benedetto: In your letter dated September 29, 2014, you requested a tariff classification ruling. A sample was provided and is being returned as you requested. Style 51006 is a sheet of Star Wars decals that can be used to decorate walls or other flat surfaces. The sheet includes an assortment of pressure sensitive stickers made of polyvinyl chloride plastic sheeting on a peel-off paper backing. The largest decal is a 19 inch by 14 inch silhouette of Yoda holding his gimer stick. Other shapes include four individual Tie Fighter aircraft, two AT-AT (All Terrain Armored Transport) walker vehicles, two bats, one leafless tree and one decal depicting a Tie Fighter, a bat, and a cloud against a background outline of the moon. You state that the wall decals will only be sold during the Halloween season for decorative purposes. To qualify as a festive article of heading 9505 of the Harmonized Tariff Schedule of the United States (HTSUS), an item must be both decorative and traditionally associated with a particular holiday. The bulk of the stickers clearly depict a character and vehicles from the Star Wars movie series and are not symbols of Halloween. The fact that the decals are in silhouette rather than in full color and that the assortment includes several flying bats does not limit the display of the stickers to a particular holiday. The applicable subheading for the Star Wars wall decals, style 51006, will be 3919.90.5060, HTSUS, which provides for self-adhesive plates, sheets, film, foil, tape, strip and other flat shapes, of plastics, whether or not in rolls…other…other. The rate of duty will be 5.8 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 [email protected]. Sincerely, Gwenn Klein Kirschner Director National Commodity Specialist Division

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