Tariff Classification Advance Ruling
"Wine Glow Cover", product number NBSKWA2300

Applicant

Mr. Greg Friedman
Sunbeam Corporation (Canada) Limited
20B Hereford Street
Brampton, ON   L6Y 0M1

Date of issuance of ruling:

This is in response to your request for an advance ruling on the tariff classification of a "Wine Glow Cover", product number NBSKWA2300. The goods are manufactured in China.

TRS Number: 271460
Classification Number: 9405.40.90.00
Effective Date:

Product Description

The good is described as a "Wine Glow Cover" by Skybar, product # NBSKWA2300. This is a two piece product consisting of a base with LED lights and a double walled clear plastic cover. This product is designed to keep a bottle of wine chilled while giving a decorative illumination effect. When the bottle of wine is placed on the base, the trigger, a center disk, is activated and the bottle is lit up. The cover provides insulation to keep the bottle of wine chilled while on display.

Analysis and Justification

This product is a composite good as defined in Explanatory Notes IX to General Interpretative Rule 3(b). The product consists of a double walled clear plastic topper (heading 39.24) that fits over the wine bottle, and an LED illuminating battery operated base, that projects light throughout over the wine bottle, (heading 94.05). This wine glow cover turns the wine into a unique functional centrepiece on the table or bar.

The essential character of the good cannot be determined as both the plastic topper and the LED illuminating base are considered to be equally specific. The plastic topper covers the bottle in order to produce the glowing effect, whereas the base holds the battery that creates the glowing effect.

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 Wine Glow Cover is classified under 9405.40.90.00 by GIR 1, 3(c) 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-2015-002511

Date modified: