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NY H84822

August 27, 2001

CLA-2-94:RR:NC:2:227 H84822


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 ceiling, table and floor-standing lamps. The lamps are identified as follows:

1) DL040- Table lamp, 18” high and 6.5” in diameter at the base, with a gunmetal finish and frosted plastic shades.

2) SF073- Floor lamp, 51” high and 9.5” in diameter, with a gunmetal finish and frosted plastic shades.

3) 110-STL2032- Swag lamp, 24” high and 6” in diameter, with a steel finish and a paper shade.

4) 111-STL2032- Floor lamp, 60” high and 13 “ in diameter, with a steel finish and a paper shade.

5) 123-2007- Pendant lamp, 28” high and 5” wide, made of aluminum and glass.

From the information and the photos submitted, the essential character of the five lamps 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 DL040, SF073 and 111-STL2032 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 items 123-2007 and 110-STL2032 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.

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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