HQ 083032: Animated Display Figure

Native CBP ruling rendition. Applicability is fact-specific; modification/revocation relationships and original publisher date are retained. Publisher sentinel year0001 means unknown date, not a historical legal adoption.

                                       HQ 083032

                                     July 13, 1990


            CLA-2 CO:R:C:G  083032 SS

            CATEGORY: Classification

            TARIFF NO.: 9505.10.50

            Ms. Wendy C. White
            John A. Steer Co.
            28 South Second Street
            Philadelphia, PA 19106

            RE:  Animated Display Figure


            Dear Ms. White:

                 In a letter dated September 13, 1988, addressed to our
            New York office, on behalf of Rennoc Corporation, you
            requested a classification ruling for an animated Christmas
            doll-like figure imported from Taiwan, under the Harmonized
            Tariff Schedule of the United States (HTSUS).

            FACTS:

                 The figure in issue represents a young girl,
            approximately 17 inches tall, standing on a 1/2 inch display
            base.  She has articulated arms, eyes that open and close, a
            molded nose, a painted-on mouth and painted-on eye makeup.
            The entire figure is composed of plastic and has a hollow
            moulded plastic torso.  She holds in her right hand a seven
            inch long candle, decorated with a ribbon, with an electric
            light bulb at the tip.

                 The figure is dressed in white furry hat and neckband, an
            overdress simulating velvet with a lace ruffle, a floor length
            undershirt, and a thin belt with furry white pom pons at the
            ends.

                 The figure incorporates within the torso an electric
            motor that is attached to an electrical cord running from the
            figure's leg.  The cord has an on/off switch that activates
            the movements.  When the switch is turned to the on position,
            the head and arm holding the candle move back and forth and
            the candle lights up.















                                         - 2 -


            ISSUE:

                 Whether the animated display figure resembling a doll is
            properly classifiable under HTSUS heading 9618 as animated
            displays, or 9502 as dolls, or 9505 as festive, carnival or
            other entertainment articles.

            LAW AND ANALYSIS:

                 Under the HTSUS, tariff classification is determined
            according to the General Rules of Interpretation (GRI's).
            Under GRI 1, the primary consideration in the classification
            of goods is the terms of the heading itself which must be read
            in conjunction with the relative notes.

                 In the instant case, the item under consideration is an
            animated and illuminated human figure representation.  Heading
            9618 provides for tailors' dummies and other mannequins;
            automata and other animated displays used for shop window
            dressing.  The Explanatory Notes for heading 96.18 provide in
            pertinent part:

                 (3) Animated and other displays used for shop window
                 dressing.

                 These range from animated representations of humans or
                 animals to numerous other automatically operating
                 appliances of a kind used for displaying merchandise or
                 for publicity purposes.  They may be made of any material
                 and are generally electrically or mechanically operated.
                 Though frequently objects of curiosity in themselves,
                 these articles are mainly intended to serve as novel
                 methods of attracting attention to displays of goods or
                 to particular articles exhibited in shop windows.***

                 Although the article under consideration might sometimes
            be used for shop window dressing, the type of merchandising
            indicates that this and other similar articles are sold at
            retail to individual consumers for use as holiday and festive
            decorations.  Also, based on the information available, such
            articles are not designed for the long hours of operation as
            required for shop displays.  In fact, many of the packaging
            boxes clearly state that the use of these figures should be
            limited to three to five hours at a time.

















                                         - 3 -


                 Heading 9618 is a use provision.  The additional U.S.
            Rules of Interpretation provide in pertinent part that "when
            classification is controlled by use (other than actual use)
            the principal use controls."  Since the principal use for
            these articles is consumer use and not shop window dressing,
            these items are not classifiable under this heading.

                 Heading 9502, provides for dolls representing only human
            beings.  The Explanatory Notes to 9502 state in pertinent
            part:

                 The heading includes not only dolls designed for the
                 amusement of children, but also dolls intended for
                 decorative purposes (e.g., boudoir dolls, mascot dolls),
                 or for use in Punch and Judy or marionette shows, or
                 those of a caricature type.

                 Therefore, this heading is potentially applicable,
            because it embraces human figures that are decorative.

                 Heading 9505, HTSUS, provides for Festive, carnival or
            other entertainment articles, including magic tricks and
            practical joke articles; parts and accessories thereof.  The
            Explanatory Notes to this heading state in pertinent part:

                 This heading covers:

                      (A) Festive, carnival or other entertainment
                      articles, which in view of their intended use are
                      generally made of non-durable material.  They
                      include:

                      (1) Decorations such as festoons, garlands, Chinese
                      lanterns, etc., as well as various decorative
                      articles made of paper, metal foil, glass fibre
                      etc., . . . .  Cake and other decorations (e.g.,
                      animals, flags) which are traditionally associated
                      with a particular festival are also classified here.

                 This heading is also potentially applicable, because the
            article is designed and marketed for use during the Christmas
            holiday season.

                 When goods are, prima facie, classifiable under two or
            more Headings, GRI 3(a) directs classification to be
            determined according to the heading which provides the most
            specific description.  Applying this rule to the matter under
            consideration here, Heading 9505 would prevail.  It is well













                                         - 4 -


            settled in Customs classification law that a description that
            depends on use in harder to satisfy than one that merely names
            an article.  Therefore, the one that is harder to satisfy is
            the more specific.  Here, Heading 9505 prevails because the
            article is apparently principally used in the home for festive
            decoration during the Christmas holiday season.  Application
            of GRI 3(a) results in classifying the subject article under
            Heading 9505, HTSUS, which provides for festive, carnival or
            other entertainment articles.

            HOLDING:

                 The animated display figure under consideration
            associated with the Christmas festive occasion, is properly
            classifiable under subheading 9505.10.50, dutiable at a rate
            of 5.8 percent ad valorem.

                                       Sincerely,




                                       John Durant, Director
                                       Commercial Rulings Division