N317817 N3 Ruling Active

The tariff classification of Halloween Solar Dancers from China.

Issued March 9, 2021 by U.S. Customs and Border Protection.

Tariff classification

HTS codes: 9505.90.6000

Headings: 9505

Product description

You submitted several photographs and detailed description of an item identified as the Halloween Solar Dancers, CVS item number 285043, which consists of an assortment of three styles of animated, solar powered plastic figures. The three freestanding decorations include a figure with jack-o-lantern head, a witch wearing a conical hat with a brim and a ghostly figure with a skull face. Each figure measures approximately 5” tall and stands on a rounded base that incorporates a small solar panel. When exposed to light, the solar panel provides power that allows the decoration to quake. The items are meant to decorate the home and provide a spooky atmosphere. Each style will be packaged separately and will be only marketed and sold for Halloween as part of the “Spooky Village” display.

CBP rationale

The applicable subheading for the Halloween Solar Dancers 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

N317817 March 9, 2021 CLA-2-95:OT:RR:NC:N4:425 CATEGORY: Classification TARIFF NO.: 9505.90.6000 Mr. Joseph J. Kenny Geodis USA Inc. One CVS Drive Woonsocket, RI 02895 RE: The tariff classification of Halloween Solar Dancers from China. Dear Mr. Kenny: In your letter dated February 23, 2021, you requested a tariff classification ruling on behalf of your client, CVS Pharmacy Inc. You submitted several photographs and detailed description of an item identified as the Halloween Solar Dancers, CVS item number 285043, which consists of an assortment of three styles of animated, solar powered plastic figures. The three freestanding decorations include a figure with jack-o-lantern head, a witch wearing a conical hat with a brim and a ghostly figure with a skull face. Each figure measures approximately 5” tall and stands on a rounded base that incorporates a small solar panel. When exposed to light, the solar panel provides power that allows the decoration to quake. The items are meant to decorate the home and provide a spooky atmosphere. Each style will be packaged separately and will be only marketed and sold for Halloween as part of the “Spooky Village” display. The applicable subheading for the Halloween Solar Dancers 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 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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