9405 50 00: Elektrikli olmayan aydınlatma cihazları

This heading excludes illuminated articles made of various materials (e.g. glass, metal, plastics) that are designed merely for indoor or outdoor decorative purposes. They are equipped with lights (for example, LED lighting strings, LED strips) which are intended to enhance their decorative character.

These articles are not primarily designed to illuminate, for example, a room (as the lights are intended to accentuate the decorative object and the light output is too low to serve as functional lighting) nor are they specialized lamps (see also the Harmonized System Explanatory Notes (HSEN) to heading 9405, (I), (1) and (3)).

Such articles should be classified according to the constituent material of the decorative component, since their design and the overall characteristics indicate that they are intended for ornamental use.

For such articles, the presence of solar panels is not relevant for classification under heading 9405 (see figure 7).

Examples of products which are to be classified according to their constituent material:

See also the HS Explanatory Note to heading 9405, parts (I)(5) and (I)(6).

This subheading includes lanterns of any material (excluding those materials referred to in Note 1 to Chapter 71) whether or not they have a fixture or specific fitting for holding a candle or a tea light. They usually have holes for ventilation at the top and an ‘opening’ through which a candle can be placed.

This subheading also includes candelabra (see figure 1 and 2), candlesticks (see figure 3 and 4) and candle brackets (see figure 5), including candelabra, candlesticks and candle brackets for tea lights or for both (candles and tea lights).

Other receptacles of various shapes, made of various materials (glass, ceramics, wood, plastic etc.), such as so-called ‘tea light holders’ or other receptacles for holding candles of all kinds (dinner candles/stick candles, pillar candles, etc.), or for holding both (a candle or a tea light) are covered by this subheading only if they include a fixture or specific fitting to hold a candle and/or tea light in a fixed position (for example, a spike on which the candle is to be placed, or a special clamp to prevent the candle from shifting or falling).

However, similar receptacles without any such a fixture or specific fitting to hold a candle, a tea light or both in a fixed position, are excluded from this subheading and are to be classified according to their constituent material (see figures 6 to 16). The fact that a candle or a tea light may be placed tightly in a recess of the receptacle is not sufficient for classification in this subheading (see also Commission Regulation (EC) No 141/2002 (3) and Commission Implementing Regulation (EU) No 774/2011 (4)).

Examples of products of subheading 9405 50 00:

Examples of products which are to be classified according to their constituent material:

(3) Commission Regulation (EC) No 141/2002 of 25 January 2002 concerning the classification of certain goods in the Combined Nomenclature (OJ L 24, 26.1.2002, p. 11, ELI: http://data.europa.eu/eli/reg/2002/141/oj).

(4) Commission Implementing Regulation (EU) No 774/2011 of 2 August 2011 concerning the classification of certain goods in the Combined Nomenclature (OJ L 201, 4.8.2011, p. 6, ELI: http://data.europa.eu/eli/reg_impl/2011/774/oj).