Tariefschema Uitspraken D-Memoranda Handelsmaatregelen PGA-vereisten Sanctieregimes

Heading 9505

Festive, carnival or other entertainment articles, including conjuring tricks and novelty jokes.

2 subheadings

Onderverdelingen

Gerelateerde voorlopige uitspraken

C-2016-001560

&&According to the sample submitted, the product, referred to as “LED Light-up and Sound Crystal Ball (Halloween Decoration) Item #H32249” is a battery-operated...

HS 9505.90.00.90
C-2016-001558

&&According to the sample submitted, the product, referred to as “Acrylic LED Eyeball Light on Pillar, Item #H32247” is a battery-operated lighted Halloween...

HS 9505.90.00.90
C-2015-012248

&&The submitted article is a Halloween decoration comprising a net-style textile web and six plastic-shaped bats that can easily be positioned anywhere on the net-style...

HS 9505.90.00.90
C-2015-010001

&&The "Easter Window Clings, Item # A8357" are three-dimensional articles, made up a "jelly-like" material (a mixture of industrial grade mineral oil, thermoplastic...

HS 9505.90.00.90
C-2015-008696

&&The submitted product is a set of three decorative trees in two different sizes constructed from steel with an epoxy/polyester coating. Each set...

HS 9505.10.00.90
C-2015-008695

&&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...

HS 9505.10.00.90
C-2015-001420

&&According to the documentation provided, the product is an assortment of three 18cm high owls made of holed plastic that can be placed on a stable surface. They...

HS 9505.90.00.90
C-2015-001419

&&According to the documentation and sample provided the product is four 13cm high colored plastic lanterns with four sides bearing holes in the form of the words...

HS 9505.90.00.90
C-2015-001418

&&According to the documentation provided, the product is an assortment of four 18cm high opaque white glass jars with a screw-on cap. Each jar has glued-on festive...

HS 9505.90.00.90
C-2015-001094

&&According to the information submitted, the product is a battery operated Halloween candle and flame decoration made of plastics. The candle is 21 cm high with a...

HS 9505.90.00.90

Verklarende noten

In your application for an advance ruling, you suggested tariff classification number 9505.10.00.90. This Tariff Item number is correct. Heading 95.05 provides for festive, carnival or other entertainment articles. Explanatory Note (A)(2) states that the heading covers "articles traditionally used at Christmas festivities, e.g., artificial Christmas trees ...". These articles are stylized...

Source: advance_ruling (8000000509)

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) Compendium of Classification Opinions and Explanatory Notes to the Harmonized Commodity Description and Coding System (HS). General Interpretative Rule 1 (GIR 1) directs that titles of Sections, Chapters and sub-Chapters are provided for ease...

Source: advance_ruling (8000000516)

Heading 95.05 provides for, among other things, festive articles. Explanatory Note (A) (1) to this heading states in part; "festive decorations used to decorate rooms, tables, etc. (such as garlands, lanterns, etc.)." This candle looking decoration is a festive decoration that is designed for use in the Halloween season and not year round. Its utilitarian function does not predominate over its...

Source: advance_ruling (C-2015-001094)

Heading 95.05 provides for, among other things, festive articles. Explanatory Note (A) (1) to this Heading includes in part; "festive decorations used to decorate rooms, tables, etc. (such as garlands, lanterns, etc.)." The Halloween glass jar is a festive decoration that is designed for use at Halloween and not year round. It does not emit enough light to use in a utilitarian manner such as...

Source: advance_ruling (C-2015-001418)

" While penguins can hardly be seen as animals associated with Christmas, the Santa Claus hat and holly berries are strong Christmas symbols. Accordingly, the product can be seen as an article traditionally used at Christmas festivities. The Explanatory Notes to heading 95.05 also states that the heading covers "Festive, carnival or other entertainment articles, which in view of their intended...

Source: advance_ruling (8000003254)

" Explanatory Notes (A) (2) to heading 95.05 specifies that it includes articles traditionally used at Christmas festivities. Reindeers are associated with the Christmas festivities. Nonetheless, as per the Explanatory Notes to heading 95.05, articles that contain a festive design, decoration, emblem or motif and have a utilitarian function are to be excluded from that heading. Therefore, even...

Source: advance_ruling (8000003486)

Heading 95.05 provides for, among other things, festive articles. Explanatory Note (A) (1) to this Heading includes "festive decorations used to decorate rooms, tables, etc. (such as garlands, lanterns, etc.)." The Halloween lantern is a festive decoration that is designed for use at Halloween and not year round. It does not emit enough light to use in a utilitarian manner such as the lighting...

Source: advance_ruling (C-2015-001419)

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.

Source: advance_ruling (C-2015-008695)

Festive, carnival or other entertainment articles, including conjuring tricks and novelty jokes In addition to the HS Explanatory Note to heading 9505 , (A), products to be classified as festive articles must be of a decorative value (design and ornament) and exclusively designed, manufactured and recognised as festive articles. These products are used during a specific day or period during...

Source: eu_cn_en (EUR-Lex 02019XC0329(02)-20250113)

[26]Note 1(1) to Chapter 94 provides that Chapter 94 does not cover decorations other than electric garlands, whereas note 1(t) to Chapter 95 provides that Chapter 95 does not cover electric garlands ofall kinds. However, the explanatory notes to heading 95.05 state that this heading covers festive decorations such as garlands. It appears, therefore, that only“electric garlands”are excluded...

Source: citt_decision (AP-2022-008)

Chapter 95 Notes (6)
1. 1. This Chapter does not cover: • (a) Candles (heading 34.06); • (b) Fireworks or other pyrotechnic articles of heading 36.04; • (c) Yarns, monofilament, cords or gut or the like for fishing, cut to length but not made up into fishing lines, of Chapter 39, heading 42.06 or Section XI; • (d) Sports bags or other containers of heading 42.02, 43.03 or 43.04; • (e) Fancy dress of textiles, of Chapter 61 or 62; sports clothing and special articles of apparel of textiles, of Chapter 61 or 62,...
2. 2. This Chapter includes articles in which natural or cultured pearls, precious or semi-precious stones (natural, synthetic or reconstructed), precious metal or metal clad with precious metal constitute only minor constituents.
3. 3. Subject to Note 1 above, parts and accessories which are suitable for use solely or principally with articles of this Chapter are to be classified with those articles.
4. 4. Subject to the provisions of Note 1 above, heading 95.03 applies, inter alia , to articles of this heading combined with one or more items, which cannot be considered as sets under the terms of General Interpretative Rule 3 (b), and which, if presented separately, would be classified in other headings, provided the articles are put up together for retail sale and the combinations have the essential character of toys.
5. 5. Heading 95.03 does not cover articles which, on account of their design, shape or constituent material, are identifiable as intended exclusively for animals, for example "pet toys" (classification in their own appropriate heading).
6. 6. For the purposes of heading 95.08: • (a) The expression “amusement park rides” means a device or combination of devices or equipment that carry, convey, or direct a person or persons over or through a fixed or restricted course, including watercourses, or within a defined area for the primary purposes of amusement or entertainment. Such rides may be combined within an amusement park, theme park, water park or fairground. These amusement park rides do not include equipment of a kind...

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