Tariff Classification Advance Ruling
Four Halloween Lanterns with LED Light, item H30943

Applicant

Mike Giambattisto
Danson Décor Inc.
3425 Douglas-B.-Floreani
St-Laurent, QC   H4S 1Y6

Date of issuance of ruling:

This is in response to your request for an advance ruling on the tariff classification of Four Halloween Lanterns with LED Light, item H30943. This product is exported from Longdragon Industrial Co. Ltd., Xujiahui, Shangai, Zhejiang, China.

TRS Number: 270297
Classification Number: 9505.90.00.90
Effective Date:

Product Description

According to the documentation and sample provided the product is four 13cm high colored plastic lanterns with four sides bearing holes in the form of the words "trick or treat" or with a smiling pumpkin face. Each lantern has a small LED light in the center in the form of a small candle flame powered by one CR-2032 3V battery that creates a lighting effect when turned on. Each lantern has a metal hook that allows it to be suspended or it can be placed on a stable horizontal surface.

Analysis and Justification

Heading 95.05 provides for, among other things, festive articles. Explanatory Note (A) (1) to this Heading includes "festive decorations used to decorate rooms, tables, etc. (such as garlands, lanterns, etc.)." The Halloween lantern is a festive decoration that is designed for use at Halloween and not year round. It does not emit enough light to use in a utilitarian manner such as the lighting fittings of Heading 94.05.

Decision

Section 10 of the Customs Tariff directs that classification of imported goods shall be determined in accordance with the General Rules for the Interpretation of the Harmonized System. Section 11 of the Customs Tariff states that in interpreting the headings and subheadings, regard shall be had to the World Customs Organization's (WCO) Explanatory Notes to the Harmonized Commodity Description and Coding System.

General Interpretative Rule 1 (GIR 1) directs that titles of Sections, Chapters and sub-Chapters are provided for ease of reference only. For legal purposes, classification shall be determined according to the terms of the heading and any relative Section and Chapter Notes. Similarly, General Interpretative Rule 6 (GIR 6) directs that classification shall be determined according to the terms of those subheadings and any related Subheading Notes.

The four plastic lanterns are classified under 9505.90.00.00 by GIR 1 and 6.

Legislative/Administrative References

This ruling has been issued under paragraph 43.1(1)(c) of the Customs Act and will be honoured by the CBSA for future importations of the goods specified, provided the material facts and circumstances remain as originally presented; all conditions in the ruling have been met; the ruling has not been modified, revoked, revised, or cancelled; and the Customs Tariff legislation has not changed. Should there be a change in the material facts or circumstances pertaining to the goods, you must notify the CBSA as soon as possible. You may request that the advance ruling be modified or revoked as of the date of the change.

Importers should quote the advance ruling number at the time of importation in either the description field of the B3 entry document or on the Canada Customs Invoice. Exporters or producers should quote the advance ruling number on the Certificate of Origin or commercial invoice accompanying the goods.

Should you disagree with this advance ruling, you may file a dispute notice under subsection 60(2) of the Customs Act within 90 days of the date of issuance. Please see the procedures outlined in Appendix C of the CBSA's Memorandum D11-11-3, Advance Rulings for Tariff Classification.

This advance ruling is considered 'reason to believe' for the purposes of section 32.2 of the Customs Act and the CBSA's Administrative Monetary Penalty System, described in Memorandum D22-1-1.

All Memoranda referenced in this letter may be accessed on the CBSA website.

Consent to the Public Release of the Advance Ruling

As per your consent statement, we will release this advance ruling to the public, in both official languages, in accordance with the procedures described in Memorandum D11-11-3. The ruling will be published on the CBSA website in 30 days.

CBSA Contact

Mark Grant
Manager, Tariff Policy Unit 'B'
Trade Policy Division
Headquarters, Ottawa

File Number

C-2015-001419

Date modified: