Mr. Michael Nielsen
IKEA Supply AG
Date of issuance of ruling: December 17, 2015
This is in response to a request submitted on your behalf byMilgram & Company for an advance ruling on the tariff classification of VINTER Decorative Goat #90303187. This product is manufactured by/exported from Shantou Chenghai Yaochong Arts + Crafts Co Ltd, Qianxi Area, Shantou, China and other suppliers.
|Effective Date:||December 17, 2015|
The submitted product is representative of a Yule goat, and marketed as a holiday decoration. It measures 50 cm high, is red in color and constructed from a base material of polyethylene plastic and a surface material of 100% polyester yarn.
Analysis and Justification
The main criterion for eligibility to heading No. 95.05 is that decorations be designed with themes appropriate for a "festive occasion" and not used year round. This product is in the shape of a Yule goat, which is a traditional Scandinavian Christmas ornament. It is marketed as a holiday decoration and falls within the scope of heading No. 95.05 which, according to Explanatory Note A (2) covers articles traditionally used at Christmas.
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 VINTER Decorative Goat #90303187 is classified under tariff classification number 9505.10.00.90. This classification is in accordance with General Interpretive Rule #1 and 6 of the Harmonized System.
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.
Manager, Tariff Policy Unit 'B'
Trade Policy Division
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