The tariff classification of rotating lighted acrylic trees from China

N244394 August 23, 2013 CLA-2-39:OT:RR:NC:N4:421 CATEGORY: Classification TARIFF NO.: 3926.40.0000 Mr. Jose Gonzalez HSN 1 HSN Drive St. Petersburg, FL 33729 RE: The tariff classification of rotating lighted acrylic trees from China Dear Mr. Gonzalez: In your letter dated July 19, 2013, you requested a tariff classification ruling. Item 177582 is a set of three clear acrylic trees in assorted sizes. The trees incorporate color changing LED lights and sit on a rotating base. A switch on the base activates either the lights alone or the lights with rotation. The lights function principally to illuminate the clear trees but do not provide any significant illumination of the surrounding area. Although you state that this set is sold as an accessory to one of your Christmas lines, the articles are in the form of generic trees. They contain no features that limit the use of these decorative articles to any particular holiday and they are suitable for year round display. The sample is being returned as you requested. The applicable subheading for the rotating lighted trees, item 177582, will be 3926.40.0000, Harmonized Tariff Schedule of the United States (HTSUS), which provides for other articles of plastics…statuettes and other decorative articles. The rate of duty will be 5.3 percent ad valorem. 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 Joan Mazzola at (646) 733-3023. Sincerely, Myles B. Harmon Acting Director National Commodity Specialist Division