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NY 802427

October 19, 1994

CLA-2-94:S:N:N3:227 802427


TARIFF NO.: 9405.20.80; 9405.99.40

Mr. Barry Cahn
Bright Idea Lamps
516 East Micheltorena St.
Santa Barbara, CA 93103

RE: The tariff classification of lamps and parts of lamps from Indonesia.

Dear Mr. Cahn:

In your letter received in this office on September 26, 1994, you requested a tariff classification ruling.

The merchandise at issue consists of wooden table lamps and parts of lamps.

The applicable subheading for the wooden table lamps will be 9405.20.80, Harmonized Tariff Schedule of the United States (HTS), which provides for other electric table lamps. The duty rate will be 3.9 percent ad valorem.

The applicable subheading for the lamp parts, assumed to be for wooden lamps, will be 9405.99.40, HTS, which provides for other lamp parts. The duty rate will be 7.6 percent ad valorem.

Articles classifiable under subheadings 9405.20.80 and 9405.99.40, HTS, which are products of Indonesia, are entitled to duty free treatment under the Generalized System of Preferences (GSP) upon compliance with all applicable regulations, if the GSP is renewed.

In regard to import restrictions, it should be noted that this merchandise is not subject to any quota restraints from Indonesia.

Further, you inquire as to the proper marking of the lamp parts which will be subject to further processing in the United States.

The marking statue, section 304, Tariff Act of 1930, as amended (19 U.S.C. 1304), provides that, unless excepted, every article of foreign origin (or its container) imported into the U.S. shall be marked in a conspicuous place as legibly, indelibly and permanently as the nature of the article (or its container) will permit, in such a manner as to indicate to the ultimate purchaser in the U.S. the English name of the country of origin of the article.

With respect to this issue, the container for this merchandise should be properly marked in accordance with the above regulation. Moreover, if the lamp parts are so manufactured or processed to be considered substantially changed, you should submit a letter detailing the processing of these parts, while requesting a waiver of marking of same at the port of entry.

This ruling is being issued under the provisions of Section 177 of the Customs Regulations (19 C.F.R. 177).

A copy of this ruling letter should be attached to the entry documents filed at the time this merchandise is imported. If the documents have been filed without a copy, this ruling should be brought to the attention of the Customs officer handling the transaction.


Jean F. Maguire
Area Director

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