Ceramic planter w/ faux succulent HTS 6913.90.5000: why ceramic, not plastic
GRI 1GRI 3(b)CBP put this Oogie Boogie dolomite planter-with-fake-succulent under HTS 6913.90.5000 at a 6% general rate, treating the decorative ceramic head — not the plastic plant — as the essential character of the composite good.
This is a composite good: a molded ceramic character head plus a plastic succulent. GRI 3(b) says you classify by essential character. The importer argued for 3926.40.0090, the heading for statuettes and other ornamental plastic articles, betting the artificial plant drove the item. CBP disagreed. The dolomite ceramic head gives the piece its look, most of its weight, and most of its value, so the essential character sits with the ceramic. Once that's decided, the pot isn't a plain flowerpot — it's a decorative three-dimensional Disney character face, so it lands in 6913 as an ornamental ceramic article rather than 6912 tableware/kitchenware. The plastic succulent is along for the ride and doesn't set the code. Final classification depends on the importer's actual product and should be confirmed by a licensed customs broker.
- Confirm which component carries the value and weight on your own SKU — CBP anchored the whole call on essential character.
- Ask your supplier whether the pot is dolomite/ceramic vs plastic, and get it stated on the commercial invoice.
- Budget the 6% general rate plus any live Section 301 / Chapter 99 add-on for China origin before you quote landed cost.
| Path | Code | Base duty |
|---|---|---|
| Path CBP used — ornamental ceramic article | 6913.90.5000 | 6% |
| Alternative proposed — ornamental plastic article illustrative | 3926.40.0090 | Free |
| On a $50,000 shipment, the 6% ceramic path is $3,000 in base duty; the plastic path at Free would be $0 — a $3,000 swing on essential character alone. This is base-rate math only. It assumes the goods remain subject to any applicable Section 301 / Chapter 99 measure at entry; verify current Chapter 99 status and any exclusions before relying on these numbers, since China-origin add-ons can dwarf the base rate. | ||
Illustrative comparison only. The alternative heading is one contrast possibility — the exact subheading for a different product configuration would need separate analysis (other Chapter 84/85 or specific provisions may apply). Any Section 301 / Chapter 99 figure assumes the goods remain subject to that measure at the time of entry; always verify the current Chapter 99 status and any applicable exclusions.
- Guessing essential character by feel — if value/weight actually sit with the plastic plant on your SKU, the code could shift, so document your BOM.
- Treating this as a plain flowerpot (6912) instead of a decorative character article (6913) — the Disney figural design mattered here.
- Ignoring Section 301 / Chapter 99 on China origin, which can add far more than the 6% base rate.
- If the pot were plain plastic (not ceramic) and the artificial plant carried most of the value → Essential character could flip to the plastic plant, pointing toward heading 3926 or the artificial foliage heading instead.
- If the container were a plain undecorated ceramic flowerpot with no figural design → It could fall under 6912 tableware/other household ceramics rather than 6913 ornamental articles.
- If the item were marketed and sold as a Christmas/festive article → A festive-article analysis (Chapter 95 territory) might come into play — verify the actual holiday-use facts.
Thirty years moving China cargo taught me one thing on composite decor: don't classify by the cheapest part. CBP follows the money and the weight. Here the ceramic head owned both, so it owned the code — and the 6% duty.
- State the pot material on the invoice — dolomite/ceramic vs plastic.
- Keep a BOM showing component value split (ceramic vs plastic plant).
- Note weight breakdown; the heavier component often drives essential character.
- Describe whether the design is a figural/character decorative article, not a plain flowerpot.
- Confirm China origin and run a current Section 301 / Chapter 99 review.
- Hold a product photo on file to match the ruling-request facts.
Why did CBP classify the Oogie Boogie planter under HTS 6913.90.5000 and not the plastic plant heading 3926?
Under GRI 3(b) CBP found the dolomite ceramic head gave the essential character — most of the visual appeal, weight, and value — so it went to ornamental ceramic articles at 6%, not the plastic article heading. Your own product should be confirmed with a licensed broker.
What is the duty rate on a ceramic decorative planter under HTS 6913.90.5000?
The ruling cites a 6% general ad valorem rate. That's the base only; China-origin goods may also face Section 301 / Chapter 99 add-ons, which you should verify for current status before quoting landed cost.
Does Section 301 apply to this ceramic planter from China under 6913.90.5000?
The ruling doesn't set Section 301; it flags that Chapter 99 additional duties may apply. For China origin you should check the current Chapter 99 / 9903 provisions and any exclusions before entry.
If my planter has a plastic pot instead of ceramic, does the same HTS code apply?
Not necessarily. Essential character drove this ruling. A plastic pot could shift the analysis toward heading 3926 or an artificial-plant heading. Have a broker review your specific BOM.
Is a plain ceramic flowerpot classified the same as this decorative planter?
Likely not. A plain, non-figural pot may fall under 6912, while this piece was treated as an ornamental ceramic article (6913) because of its three-dimensional character design. Confirm your product's facts.
Does this ruling N359826 decide the classification for my similar product?
No. A CROSS ruling applies only to the exact goods and facts described. It's educational guidance; your actual classification should be confirmed by a licensed customs broker.