The tariff classification of artificial stone figurines from China.
Issued August 30, 2017 by U.S. Customs and Border Protection.
Tariff classification
HTS codes: 6810.99.0080
Headings: 6810
Product description
The Christmas Birds consist of two figurines shaped to resemble stylized birds wearing hats and scarves. The first bird, which wears a brimmed earflap hat, measures approximately 4.75 inches high by 2.5 inches wide by 3.75 inches tall. The second bird, which wears a beanie hat and earmuffs, measures approximately 4.25 inches high by 2 inches wide by 4 inches long. From the information you provided, the birds, which stand on metal legs and feet, are comprised of natural limestone powder uniformly agglomerated with resin. In your ruling request you suggest classification of the Christmas Birds in 9505.10.2500, Harmonized Tariff Schedule of the United States (HTSUS) as other articles for Christmas festivities. However, the colors with which the birds are decorated are not recognized motifs limiting an article to Christmas use.
CBP rationale
The applicable subheading for the Christmas Birds, item number SR5040, will be 6810.99.0080, HTSUS, which provides for “Articles of cement, of concrete or of artificial stone, whether or not reinforced: Other articles: Other: Other.
Full text
N289319 August 30, 2017 CLA-2-68:OT:RR:NC:N1:428 CATEGORY: Classification TARIFF NO.: 6810.99.0080 Ms. Alison Obert Seventh Avenue, Inc. 1112 7th Avenue Monroe, WI 53566 RE: The tariff classification of artificial stone figurines from China. Dear Ms. Obert: In your letter dated July 26, 2017, you requested a tariff classification ruling. The merchandise under consideration is item number SR5040, referred to as “Christmas Birds.” A sample was submitted with your ruling request and will be returned to you. The Christmas Birds consist of two figurines shaped to resemble stylized birds wearing hats and scarves. The first bird, which wears a brimmed earflap hat, measures approximately 4.75 inches high by 2.5 inches wide by 3.75 inches tall. The second bird, which wears a beanie hat and earmuffs, measures approximately 4.25 inches high by 2 inches wide by 4 inches long. From the information you provided, the birds, which stand on metal legs and feet, are comprised of natural limestone powder uniformly agglomerated with resin. In your ruling request you suggest classification of the Christmas Birds in 9505.10.2500, Harmonized Tariff Schedule of the United States (HTSUS) as other articles for Christmas festivities. However, the colors with which the birds are decorated are not recognized motifs limiting an article to Christmas use. The applicable subheading for the Christmas Birds, item number SR5040, will be 6810.99.0080, HTSUS, which provides for “Articles of cement, of concrete or of artificial stone, whether or not reinforced: Other articles: Other: Other.” The general 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 https://hts.usitc.gov/current. 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 Nicole Sullivan at [email protected]. Sincerely, Steven A. Mack Director National Commodity Specialist Division
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