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NY I86767

November 5, 2002

CLA-2-94:RR:NC:2:227 I86767


TARIFF NO.: 9405.50.4000

Ms. Mary Van der Vieren
Wal-Mart Logistics
MS #0410-L-32
601 N. Walton
Bentonville, AR 72716-0410

RE: The tariff classification of a non-electrical lamp from China.

Dear Ms. Van der Vieren:

In your letter dated October 8, 2002, you requested a tariff classification ruling. Sample is being returned as requested.

The submitted sample is a snail-shaped non-electrical lamp of iron, item number TM02-060, that measures approximately 8 ¾ inches in height by 15 inches in length by 4 inches in depth. It is constructed with slots around its body for the effluence of light; an open frame-like bottom onto which a cylinder-shaped metal receptacle is permanently affixed; a glass holder with tea light candle containing citronella oil, all inserted into the metal receptacle; and an incorporated metal door for inserting and accessing the candle. It is stated that this lamp will be used in the area of the patio or garden.

The applicable subheading for this non-electrical lamp will be 9405.50.4000, Harmonized Tariff Schedule of the United States (HTS), which provides for other non-electrical lamps and lighting fittings, other. The rate of duty will be 6 percent ad valorem.

Pesticidal articles containing citronella oil are exempt from regulation under the Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA), provided that all the criteria of Title 40 CFR (Code of Federal Regulations), Part 152 (g) are met. These criteria include labeling the product to identify the citronella oil, by name and percent by weight, and the name (s) of each inert ingredient. For further guidance, you should contact the U.S. Environmental Protection Agency (EPA), Office of Pesticide Programs, at 401 M Street, S.W., Washington, D.C. 20230, telephone number 202-482-1374.

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 646-733-3028.


Robert B. Swierupski

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