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The tariff classification of “Realistic Dragon” ornaments from China.
Issued November 26, 2018 by U.S. Customs and Border Protection.
Cite this ruling
Copies to clipboardN3 N301491 (November 26, 2018)
Tariff classification
HTS codes: 3926.40.0090
Headings: 3926
GRI rules applied: GRI 3(b)
Product description
You submitted illustrations and a detailed description of three styles of dragon ornaments, identified as item number 8342-19194, the “Red Realistic Dragon,” item number 8342-19221, the “Blue Realistic Dragon,” and item number 8342-19690, the “Green Realistic Dragon.” All three articles are made of polypropylene plastic and stand approximately 19” in height. The battery powered articles have LED light-up eyes which can be activated by a slide switch on top of the battery case on the dragon’s belly. Although you suggest that the dragon ornaments are for Halloween use, display of a decorative dragon at times other than Halloween would not be considered aberrant. These items are considered to be a composite goods within the meaning of General Rule of Interpretation (GRI) 3. Even after the batteries are depleted or when powered off, the plastic dragons can still serve as decorations. Therefore, it is the opinion of this office that the plastic dragons provide these items with the essential character within the meaning of GRI 3(b).
CBP rationale
The applicable subheading for item number 8342-19194, the “Red Realistic Dragon,” item number 8342-19221, the “Blue Realistic Dragon,” and item number 8342-19690, the “Green Realistic Dragon” will be 3926.40.0090, Harmonized Tariff Schedule of the United States (HTSUS), which provides for “Other articles of plastics…: statuettes and other ornamental articles…other.
Full text
N301491 November 26, 2018 CLA-2-39:OT:RR:NC:N4:422 CATEGORY: Classification TARIFF NO.: 3926.40.0090 Ms. Soolin Shu Pan Asian Creations Limited Unit No. 182, 1/F., Peninsula Centre No. 67 Mody Road Kowloon, Hong Kong China RE: The tariff classification of “Realistic Dragon” ornaments from China. Dear Ms. Shu: In your letter dated October 31, 2018, you requested a tariff classification ruling. You submitted illustrations and a detailed description of three styles of dragon ornaments, identified as item number 8342-19194, the “Red Realistic Dragon,” item number 8342-19221, the “Blue Realistic Dragon,” and item number 8342-19690, the “Green Realistic Dragon.” All three articles are made of polypropylene plastic and stand approximately 19” in height. The battery powered articles have LED light-up eyes which can be activated by a slide switch on top of the battery case on the dragon’s belly. Although you suggest that the dragon ornaments are for Halloween use, display of a decorative dragon at times other than Halloween would not be considered aberrant. These items are considered to be a composite goods within the meaning of General Rule of Interpretation (GRI) 3. Even after the batteries are depleted or when powered off, the plastic dragons can still serve as decorations. Therefore, it is the opinion of this office that the plastic dragons provide these items with the essential character within the meaning of GRI 3(b). The applicable subheading for item number 8342-19194, the “Red Realistic Dragon,” item number 8342-19221, the “Blue Realistic Dragon,” and item number 8342-19690, the “Green Realistic Dragon” will be 3926.40.0090, Harmonized Tariff Schedule of the United States (HTSUS), which provides for “Other articles of plastics…: statuettes and other ornamental articles…other.” 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 the 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 Sandra Carlson at [email protected]. Sincerely, Steven A. Mack Director National Commodity Specialist Division
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