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NY H84821

August 31, 2001

CLA-2-94:RR:NC:2:227 H84821


TARIFF NO.: 9405.10.60; 9405.20.60

Mr. Reinaldo Ramos
John A. Steer Co.
1460 Brickell Avenue, Suite 312
Miami, FL 33131

RE: The tariff classification of electric lamps from China

Dear Mr. Ramos:

In your letter dated June 8, 2001, on behalf of Dansk Lights Inc., you requested a tariff classification ruling.

The subject merchandise consists of five electric wall, table and floor-standing lamps. The lamps are identified as follows:

1) 158-2008- Floor lamp, 60” high and 7” in diameter, made of chrome plated copper tube, steel base and aluminum shade.

2) 114-BLK2023- Table lamp, 21” high and 20” in diameter, made of spun aluminum and steel construction with paper body.

3) DL013- Table lamp, 13.5” high and 4” in diameter, with stainless steel finish.

4) BDPL-9921- Wall lamp, 9.5” high and 6.5” in diameter, wood and metal stem, chrome mount and glass shade with metal trim.

5) BDPL-9922- Table lamp, 12.5” high and 6.5” wide, wood stem, chrome mount and glass shade with metal trim.

From the information and the photos submitted, the essential character of the lamps, items 1-4, is imparted by the metal components. At the present time there are no quota or visa restrictions.

You have asked whether these lamps are subject to antidumping duties or countervailing duties. A list of AD/CVD proceedings at the Department of Commerce (DOC) and their product coverage can be obtained from the DOC website at: http: // ia.ita.doc. gov, or you may write to them at the U.S. Department of Commerce, International Trade Administration, Office of Antidumping Compliance, 14 Street and Constitution Avenue, N.W. Washington, D.C. 20230. Written decisions regarding the scope of AD/CVD orders are issued by the Import Administration in the DOC and are separate from tariff classification and origin rulings issued by Customs.

The applicable subheading for items 158-2008, 114-BLK2023 and DL013 will be 9405.20.60, Harmonized Tariff Schedule of the United States (HTS), which provides for electric table and floor-standing lamps of other base metal. The rate of duty will be 6 percent ad valorem. The applicable subheading for item BDPL-9921 will be 9405.10.60, HTS, which provides for electric ceiling or wall lighting fittings of other base metal. The rate of duty will be 7.6 percent ad valorem.

Your inquiry does not provide enough information for us to give a classification ruling on item BDPL-9922. Your request for a classification ruling should include a breakdown of the component materials by weight and value. When this information is available, you may wish to consider resubmission of your request. We are returning any related samples, exhibits, etc. If you decide to resubmit your request, please include all of the material that we have returned to you.

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

A copy of the ruling or the control number indicated above should be provided with the entry documents filed at the time this merchandise is imported. If you have any questions regarding the ruling, contact National Import Specialist George Kalkines at 212-637-7073.


Robert B. Swierupski

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