CLA-2-68:OT:RR:NC:N1:128
Mr. Ryan Lickfeld
Geodis
5101 South Broad Street
Philadelphia, PA 19112
RE: The tariff classification of an artificial stone candy bowl from China.
Dear Mr. Lickfeld:
In your letter dated March 12, 2025, you requested a tariff classification ruling on behalf of your client, CVS
Pharmacy, Inc.
The merchandise under consideration is referred to as a “Halloween Decoration,” item number 169253. A
sample was submitted with your ruling request and was retained by this office.
This item is a candy bowl which measures approximately 16 inches tall by 7.5 inches wide at its widest
points. It is shaped to resemble a cartoon-style mummy holding a dark gray bag which bears the legend
“Happy Halloween” in black lettering. The mummy’s head forms a bowl which is approximately 5.5 inches
deep.
On the inside of the bowl are a built-in motion sensor and speaker. When someone reaches into the bowl, the
motion sensor is tripped and the speaker emits a laughing sound. This feature is powered by 2 AA batteries
housed in the bottom of the mummy’s feet. From the information you provided, this candy bowl is made of
artificial stone comprised of 50% by weight crushed natural calcite uniformly agglomerated with 50% by
weight polyresin.
In your ruling request you suggest classification of this Halloween Decoration in 9505.90.6000, Harmonized
Tariff Schedule of the United States (HTSUS), which is for other festive, carnival, or entertainment articles.
However, this candy bowl is a utilitarian article excluded from classification as a festive article by Chapter
Note 1(x) to Chapter 95. Classification in heading 9505, HTSUS, is precluded.
The applicable subheading for the Halloween Decoration, item number 169253, will be 6810.99.0080,
HTSUS, which provides for “Articles of cement, of concrete or of artificial stone, whether or not reinforced:
Other articles: Other: Other.” The general 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 6810.99.0080, HTSUS, listed above.
Effective April 5, 2025, Executive Orders implemented “Reciprocal Tariffs.” All imported merchandise
must be reported with either the Chapter 99 provision under which the reciprocal tariff applies or one of the
Chapter 99 provisions covering exceptions to the reciprocal tariffs. Products of China, including Hong Kong
and Macau, will be assessed an additional ad valorem rate of duty of 125 percent. Products from all other
countries will be subject to an additional 10 percent ad valorem rate of duty. At the time of entry, you must
report the Chapter 99 heading applicable to your product classification, i.e. 9903.01.63, in addition to
subheading 6810.99.0080, HTSUS, listed above.
Pursuant to U.S. Note 20 to Subchapter III, Chapter 99, HTSUS, products of China classified under
subheading 6810.99.0080, HTSUS, unless specifically excluded, are subject to an additional 25 percent ad
valorem rate of duty. At the time of importation, you must report the Chapter 99 subheading, i.e., 9903.88.03,
in addition to subheading 6810.99.0080, HTSUS, listed above.
The HTSUS is subject to periodic amendment, so you should exercise reasonable care in monitoring the
status of goods covered by the Notes cited above and the applicable Chapter 99 subheadings. For background
information regarding the trade remedy initiated pursuant to Section 301 of the Trade Act of 1974, including
information on exclusions and their effective dates, you may refer to the relevant parts of the USTR and CBP
websites, which are available at
https://ustr.gov/issue-areas/enforcement/section-301-investigations/tariff-actions and
https://www.cbp.gov/trade/programs-administration/trade-remedies, respectively.
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 at https://hts.usitc.gov/.
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 and Border Protection
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, please contact
National Import Specialist Nicole Sullivan at [email protected].
Sincerely,
Steven A. Mack
Director
National Commodity Specialist Division