United States International Trade Commision Rulings And Harmonized Tariff Schedule

faqs.org  Rulings By Number  Rulings By Category  Tariff Numbers

faqs.org > Rulings and Tariffs Home > Rulings By Number > 2000 NY Rulings > NY F84539 - NY F84597 > NY F84574

Previous Ruling Next Ruling
NY F84574

---

April 5, 2000

CLA-2-69:RR:NC:2:227 F84574

CATEGORY: CLASSIFICATION

TARIFF NO.: 6913.10.5000; 6913.90.5000; 9405.50.4000; 9105.21.80

Mr. Ian Johnston
Second Sole Constructions
703 Carbonate Street
Nelson, BC
V1L 4P9, Canada

RE: The tariff classification of ceramic vases, sconces and clocks from Canada.

Dear Mr. Johnston:

In your letter dated March 13, 2000, you requested a tariff classification ruling.

The subject merchandise, based on the information submitted, consists of the following articles:
decorative porcelain vases, known as the Eliza Vases (item numbers 910, 911 and 912), that are stated to measure 13 ½, 18 and 22 ½ inches in height respectively.
a decorative porcelain vase, known as the Lip Vase (item number 960), that is stated to measure 9 ½ inches in height by 12 inches in width.
decorative stoneware vases, known as the Eye Vases (item number 930), that are stated to measure 8 inches in height by 11 inches in width by 4 inches in depth.
a porcelain wall sconce, item number 941, that is stated to measure 12 inches in height by 4 inches in width by 5 inches in depth and possess a tea light candle. It is noted that the sconce, itself, originates in Canada, while the tea light candle originates in Sweden.
porcelain wall clocks with a battery-operated quartz movement, item numbers 970 and 971, that are stated to measure 4 by 6 ½ inches and 3 ½ by 11 inches respectively. It is noted that the clock case originates in Canada, while the quartz movement originates in the United States.

It was suggested that the porcelain wall sconce with tea light candle should be classified under subheading 6913.10.5000, Harmonized Tariff Schedule of the United States (HTS), which provides for other ornamental ceramic articles of porcelain, other. Further, it is stated, in regard to the wall clocks, that the clock movement should be classified under subheading 9103.10.4010, HTS, which provides for clocks with watch movementselectrically operated: other: having no jewels or only one jewel in the movement: movement, while the clock case should be classified under subheading 9103.10.4020, HTS, which provides for clocks with watch movementselectrically operated: other: having no jewels or only one jewel in the movement: case.

However, since the wall sconce with tea light candle is more specially provided for as a non-electrical lamp, consideration of classification under subheading 6913.10.5000, HTS, is precluded. Moreover, the subject wall clocks have been determined to be more properly classified under heading 9105, HTS, thereby precluding classification under heading 9103, HTS.

The applicable subheading for the decorative porcelain vases, item numbers 910, 911, 912 and 960, will be 6913.10.5000, Harmonized Tariff Schedule of the United States (HTS), which provides for other ornamental ceramic articles of porcelain, other. The rate of duty will be free.

The applicable subheading for the decorative stoneware vases, item number 930, will be 6913.90.5000, HTS, which provides for other ornamental ceramic articles, other. The rate of duty will be 6 percent ad valorem.

The appropriate subheading for the porcelain wall sconce with tea light candle will be 9405.50.4000, HTS, which provides for other non-electrical lamps and lighting fittings, other. The rate of duty will be 6 percent ad valorem.

The appropriate subheading for the porcelain wall clocks with a battery-operated quartz movement will be 9105.21.80, HTS, which provides for other clocks: wall clocks: electrically operated: other. The rate of duty will be 30 cents each plus 6.9 percent on the case plus 5.3 percent on the battery.

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 George Kalkines at 212-637-7073.

Sincerely,

Robert B. Swierupski
Director,

Previous Ruling Next Ruling

See also:

• Tariff No.: 6913.10.50 - Porcelain or china (o/than bone china) statuettes and other ornamental articles, nesoi
• Tariff No.: 6913.90.50 - Ceramic (o/than porcelain, china or eartherware) ornamental articles, nesoi
• Tariff No.: 9103.10.40 - Clocks with watch movements, excluding clocks of heading 9104, electrically operated, with 0-1 jewel in the movement
• Tariff No.: 9105.21.80 - Wall clocks nesoi, electrically operated, other than with opto-electronic display only
• Tariff No.: 9405.50.40 - Non-electrical lamps and lighting fixtures nesoi, not of brass