CLA-2-95:OT:RR:NC:N4:425
Mr. Tommy Zhu
Creative Design Ltd.
No. 42, Longjiang Rd., Longjiang Village
Dalingshan Town, Dongguan
China
RE: The tariff classification of a Christmas decoration from China.
Dear Mr. Zhu:
In your letter dated March 12, 2025, you requested a tariff classification ruling.
You submitted photographs and a detailed description of an item identified as the Plastic Nutcracker with
Light and Water movement, item number GA9-PXPRA001. The battery-powered, illuminated decoration
depicts the classic Christmas nutcracker king standing at attention attired in a golden crown, red jacket and
black boots. When activated, the lighting illuminates the clear sections of the plastic figure, and the water is
agitated, disbursing the glitter around inside the figure. The figure measures approximately 5"(L) x 4.25"
(W) x 12.75" (H). The article will be marketed and sold only as a decoration for Christmas.
The applicable subheading for the Plastic Nutcracker with Light and Water movement, item number
GA9-PXPRA001, will be 9505.10.2500, 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: Christmas ornaments: Other: Other.” The rate of duty will be Free.
Effective March 4, 2025, pursuant to U.S. Note 2(u) to Subchapter III, Chapter 99, all products of China and
Hong Kong as provided by heading 9903.01.24, HTSUS, other than products classifiable under headings
9903.01.21, 9903.01.22, and 9903.01.23, HTSUS, will be subject to an additional 20 percent ad valorem rate
of duty. At the time of entry, you must report the applicable Chapter 99 heading, i.e. 9903.01.24, in addition
to subheading 9505.10.2500, HTSUS, listed above.
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 internet at https://hts.usitc.gov/current.
The holding set forth above applies only to the specific factual situation and merchandise description as
identified in the ruling request. This position is clearly set forth in Title 19, Code of Federal Regulations
(CFR), Section 177.9(b)(1). This section states that a ruling letter is issued on the assumption that all of the
information furnished in the ruling letter, whether directly, by reference, or by implication, is accurate and
complete in every material respect. In the event that the facts are modified in any way, or if the goods do not
conform to these facts at time of importation, you should bring this to the attention of U.S. Customs and
Border Protection (CBP) and submit a request for a new ruling in accordance with 19 CFR 177.2.
Additionally, we note that the material facts described in the foregoing ruling may be subject to periodic
verification by CBP.
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