us-cbp-cross-rulings-hq-085343•HQ 085343: Ceramic Halloween candle holders
HQ 085343: Ceramic Halloween candle holders
us-cbp-cross-rulings-hq-085343HQ 085343: Ceramic Halloween candle holdersGuidance
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 085343
December 7, 1989
CLA-2 CO:R:C:G 085343 JLJ
CATEGORY: Classification
TARIFF NO.: 9505.90.6000
Ms. Brenda A. Jacobs
Sharretts, Paley, Carter & Blauveldt
1707 L Street, N.W.
Washington, D.C. 20036
RE: Ceramic Halloween candle holders
Dear Ms. Jacobs:
You requested tariff classifications under the Harmonized
Tariff Schedule of the United States Annotated (HTSUSA) for two
decorative ceramic candle holders imported from Taiwan. You
submitted samples of each along with your request.
FACTS:
The Halloween Candle Holder (No. 32-61-69) is a decorative
ceramic candle holder shaped like a pumpkin. It is painted
orange, with a green stem on top. The bottom of the pumpkin is
open, to accommodate the placement of a candle. Another small
opening at the stem area allows candle smoke to escape. Holes
representing eyes, a nose and a mouth give the candle holder a
face, like a jack-o-lantern. The Halloween Candle Holder is a
ceramic representation of a traditional Halloween pumpkin
carved with a face.
The Luminaria (No. 32-61-23) is rectangular in shape. It
is a decorative ceramic candle holder which is orange in color,
shaped somewhat like a paper bag, and has holes representing
eyes, a nose and a mouth. Tiny black lines accent the eyes.
The Luminaria has a large opening in the back to accommodate a
candle placed in the base of the ceramic. The top of the
Luminaria is open.
-2-
ISSUE:
Are these two ceramic pumpkin holders classified as
festive articles in Heading 9505, HTSUSA?
LAW AND ANALYSIS:
The instant candle holders are orange and have faces cut
in them resembling those of jack-o-lanterns. The Explanatory
Notes for Heading 9505, HTSUSA, states as follows:
This heading covers:
(A) Festive, carnival or other
entertainment articles....They
include:
(1) Decorations such as festoons,
garlands, Chinese lanterns,
etc....Cakes and other
decorations (e.g., animals, flags)
which are traditionally associated with
a particular festival are also
classified here.
Inasmuch as the orange color and the jack-o-lantern face on
each candle holder specifically identifies it with Halloween,
which is a particular festival, each is classified in Heading
9505 as a festive article. (We note that each would be
excluded from classification as a decorative ceramic article in
Heading 6913 by virtue of Chapter Note 2(ij) of Chapter 69,
which states "This chapter does not cover...articles of
chapter 95....")
HOLDING:
Both the Halloween Candle Holder and the Luminaria are
classified under the provision for festive, carvival or other
entertainment articles: other: other, in subheading
9505.90.6000, HTSUSA, dutiable at the rate of 3.1 percent ad
valorem.
Sincerely,
John Durant, Director
Commercial Rulings Division
6 cc: Area Dir., N.Y. Seaport (NIS-225 and NIS-227)
phensley library
085343JLJ
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