The tariff classification of Halloween decorations from China.

Active· CBP ruling HQ N349427· Issued 2025-05-30

Ruling
HQ N349427
Issued
Status
Active
Category
Classification
HS prefixes
9505.90 · 9903.01
Tariff numbers
9505.90.6000, 9903.01.24, 9903.01.25

Ruling text

N349427  
May 30, 2025
  CLA-2-95:OT:RR:NC:N4:425  
CATEGORY: Classification  
TARIFF NO.: 9505.90.6000; 9903.01.24; 9903.01.25
  Mr. Michael Wong  Nature's Mark LLC  5509 Stockdale Ct  Jurupa Valley, CA 92509  RE:  The tariff classification of Halloween decorations from China.  Dear Mr. Wong:  In your letter dated May 27, 2025, you requested a tariff classification ruling.  You submitted photographs and a detailed description of the Halloween Mickey and Minnie Jack-O-Lantern  Night Light, item number NM-K23467AA-AST2, which consists of an assortment of two styles of  battery-powered, illuminated, plastic decorations with timers. One style depicts the classic Mickey Mouse  head as a jack-o’-lantern with a stem on top and two pumpkins for ears. The other style depicts Minnie  Mouse, which is the same as the Mickey Mouse head style but has a large bow on top instead of a stem. The  Mickey style measures approximately 24.2” (L) x 13.5” (W) x 20.3” (H), and the Minnie style measures  approximately 24.1” (L) x 13.5” (W) x 20.75” (H). The items are marketed and sold separately for  Halloween.  You describe these items as night lights, and you suggest the correct classification for these items would be  9817.95.05. For an article to be classified under subheading 9817.95.05 it must be classified in one of the  following subheadings: 3924.10, 3926.90, 6307.90, 6911.10, 6912.00, 7013.22, 7013.28, 7013.41, 7013.49,  8539.51, 9405.21, 9405.29, 9405.41, 9405.42, 9405.49 or 9405.50 and then meet the conditions of  subheading 9817.95.01, HTSUS, or subheading 9817.95.05, HTSUS. Your article is classified under  subheading 9505.90.6000, HTSUS, and therefore is precluded from classification under subheading  9817.95.05    The applicable subheading for the both styles of the Halloween Mickey and Minnie Jack-O-Lantern Night  Light, item number NM-K23467AA-AST2, will be 9505.90.6000, Harmonized Tariff Schedule of the United  States (HTSUS), which provides for “Festive, carnival or other entertainment articles, including magic tricks  and practical joke articles; parts and accessories thereof: Other: Other.” The rate of duty will be Free. 

Effective March 4, 2025, pursuant to U.S. Note 2(u) to Subchapter III, Chapter 99, all products of China and  Hong Kong as provided by heading 9903.01.24, HTSUS, other than products classifiable under headings  9903.01.21, 9903.01.22, and 9903.01.23, HTSUS, will be subject to an additional 20 percent ad valorem rate  of duty. At the time of entry, you must report the applicable Chapter 99 heading, i.e. 9903.01.24, in addition  to subheading 9505.90.6000, HTSUS, listed above.  Effective April 5, 2025, Executive Orders implemented “Reciprocal Tariffs.”  All imported merchandise  must be reported with either the Chapter 99 provision under which the reciprocal tariff applies or one of the  Chapter 99 provisions covering exceptions to the reciprocal tariffs.  At this time products from all countries  will be subject to an additional 10 percent ad valorem rate of duty. At the time of entry, you must report the  Chapter 99 heading applicable to your product classification, i.e. 9903.01.25, in addition to subheading  9505.90.6000, HTSUS, listed above.   The tariffs and additional duties cited above are current as of this ruling’s issuance. 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 at https://hts.usitc.gov/.  The holding set forth above applies only to the specific factual situation and merchandise description as  identified in the ruling request. This position is clearly set forth in Title 19, Code of Federal Regulations  (CFR), Section 177.9(b)(1). This section states that a ruling letter is issued on the assumption that all of the  information furnished in the ruling letter, whether directly, by reference, or by implication, is accurate and  complete in every material respect. In the event that the facts are modified in any way, or if the goods do not  conform to these facts at time of importation, you should bring this to the attention of U.S. Customs and  Border Protection (CBP) and submit a request for a new ruling in accordance with 19 CFR 177.2.  Additionally, we note that the material facts described in the foregoing ruling may be subject to periodic  verification by CBP.  This ruling is being issued under the provisions of Part 177 of the Customs and Border Protection  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, please contact  National Import Specialist Sandra Carlson at sandra.carlson@cbp.dhs.gov.  
Sincerely,
  (for)  Steven A. Mack  Director  National Commodity Specialist Division

Source: rulings.cbp.gov — ruling N349427, retrieved 2026-10-12T06:04:52Z, republished verbatim. This digest is informational; only CBP issues binding rulings.

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