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NY F88450




July 11, 2000

CLA-2-95:RR:NC:SP:225 F88450

CATEGORY: CLASSIFICATION

TARIFF NO.: 9505.90.6000

Ms. Lesa R. Hubbard
JC Penney Purchasing Corporation
P.O. Box 10001
Dallas, Texas 75301-0001

RE: The tariff classification of Halloween candleholders from China

Dear Ms. Hubbard:

In your letter dated June 12, 2000, received in this office on June 15, 2000, you requested a tariff classification ruling.

The sample submitted is called a “Halloween Lantern”, lot number 036-0929, which measures approximately 11 inches in height by 6 1/8 inches at its widest dimension. The item is chiefly made of metal and resembles a four-sided structure with a slanted roof that bears the motif of star-shaped cutouts and perforated small apertures. Each side of the unit contains openings, which allow a small amount of light to seep through. These openings are found in and around a patterned cut-out design depicting a witch on a broom, a crescent-shaped moon and several stars. It is noted that one side is hinged and opens like a door, permitting one to insert a tea-light candle in the center of the unit. The entire structure is supported on a permanently affixed, four-footed base that incorporates a round metal band in its center for purposes of holding a tea-light candle. Attached to the rooftop is a loop-like metal handle for hanging purposes. It is stated that a similarly constructed item will also be imported that possesses the motif of a comical jack-o’-lantern.

You have suggested classification of this merchandise within subheading 9505.10.5020, Harmonized Tariff Schedule of the United States (HTS), which provides for...articles for Christmas festivities and parts and accessories thereof: Christmas ornaments: other, other. It is believed that this is a typographical error in that the subject articles are clearly designed and intended for use on Halloween which falls under the category of “other, other” within 9505.90.6000.

Furthermore, although referred to as a “lantern,” the item is not viewed by Customs as an article designed to emit light. Rather, it is believed that the candlelight merely illuminates the patterned silhouettes surrounding the product, thereby, reinforcing its decorative nature. As we have determined that the merchandise is not functional in its use, we need only be concerned that its motif is intrinsically related to the holiday for which it is marketed. Customs has previously recognized the symbols of a witch and jack-o’-lantern as being specifically associated with Halloween. Therefore, we find that the subject items would fall in the class of merchandise known as festive articles. Your sample is being returned as requested.

The applicable subheading for the “Halloween Lantern”, lot number 036-0929, will be 9505.90.6000, Harmonized Tariff Schedule of the United States (HTS), 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.

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 Alice J. Wong at 212-637-7028.

Sincerely,

Robert B. Swierupski
Director,

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