CLA-2-56:RR:NC:N3:351
Leah Cantero
Williams-Sonoma, Inc.
151 Union St.
Ice House One, 7th Fl.
San Francisco, CA 94111
RE: The tariff classification of a decorative cage from China
Dear Ms. Cantero:
In your letter dated July 19, 2007, you requested a tariff classification ruling. Your letter was a follow-up to our request for a sample on your initial ruling request.
The item in question is called a Halloween Hanging Cage. The large version is SKU 9391889 and the small version is SKU 9391897. You submitted a sample of the small cage.
The sample is constructed of two metal rings, each 14” in diameter, creating the top and the bottom of the cage. The rings are connected by pieces of painted jute rope forming an openwork net 17” in height. It is meant to be suspended from the ceiling with the attached plastic chain. According to the description of the large cage, it is essentially the same, except for size.
Your sample will be returned as you have requested.
The applicable subheading for the decorative cages of jute net will be 5608.90.3000, Harmonized Tariff Schedule of the United States (HTSUS), which provides for knotted knitting of twine, cordage or rope; . . . other made up nets, of textile materials. The rate of duty will be 5% ad valorem.
Because you will be marketing these items for Halloween, you believe that the correct classification is in heading 9505, HTSUS, which provides for Festive articles. However, there is nothing about the cages that is inherently festive nor, in their imported condition, do the items possess any motifs that are festive.
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 World Wide Web at http://www.usitc.gov/tata/hts/.
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 Mitchel Bayer at 646-733-3102.
Sincerely,
Robert B. Swierupski
Director,
National Commodity
Specialist Division