Aug. 17 CBP Bulletin Proposes to Modify Ruling on Musical Candle Holders
In the Aug. 17 Customs Bulletin (Vol. 56, No. 32), CBP published a proposal to revoke a ruling on musical candle holders.
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Comments on Proposals Due Sept. 16
CBP said consideration will be given to any written comments received by Sept. 16 before taking these actions. In addition, any party that has received a ruling or decision on the merchandise that is subject to the proposed revocations or modifications, or any party involved with a substantially identical transaction, should advise CBP by the date that written comments on the proposed ruling are due. (An importer's failure to advise CBP of such rulings, decisions or substantially identical transactions may raise issues of reasonable care on the part of the importer or its agents for importations after the effective date of the final decision in this notice.)
Proposals
CBP is proposing to revoke or modify the rulings below, and any rulings on these products that may exist but have not been specifically identified. CBP is also proposing to revoke any treatment it has previously accorded to substantially identical transactions.
Musical Candle Holders
| Item: a set consisting of four birthday candles and a candle holder that plays the “Happy Birthday” song |
| Current: 3406.00.00, free, “Candles, tapers and the like.” |
| Proposed: 9505.90.40, free, “Festive, carnival or other entertainment articles, including magic tricks and practical joke articles; parts and accessories thereof: Other: Confetti, paper spirals or streamers, party favors and noisemakers; parts and accessories thereof.” |
| Reason: The battery powered musical candle holder would likely be more expensive than the wax birthday candles with which it is packaged. A consumer would choose to purchase the packaged set for the musical feature of the candleholder. Therefore, the musical candle holder component of the packaged set imparts the essential character. |
| Proposed for modification: NY D84817, dated Dec. 9, 1998, and NY D85291, dated Dec. 24, 1998 |
| Proposed new ruling: HQ H320995 |