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NY J81062

February 20, 2003

CLA-2-94: RR:NC:2:227 J81062


TARIFF NO.: 9405.50.4000

Mr. Troy Myers
Limited Logistics Services
Four Limited Parkway
Reynoldsburg, OH 43068-5300

RE: The tariff classification of a non-electric lantern from China.

Dear Mr. Myers:

In your letter dated January 29, 2003, you requested a tariff classification ruling. Sample, which was received in a damaged state, is being returned as requested.

The submitted sample is a non-electric lantern, style number 49508, that consists of an oblong-shaped holder that measures approximately 7 ¾ inches long by 4 ¾ inches wide by 4 ¾ inches deep. It is composed of transparent glass panes incorporated into a green-painted wooden frame, in addition to an interior painted metal base. It also features a full-sized open top for the insertion of a candle (not included) and a top loop-shaped metal handle for hanging and carrying.

You state that this article is properly classified under subheading 7013.99.8000, Harmonized Tariff Schedule of the United States (HTS), which provides for glassware of a kind used for table, kitchen, toilet, office, indoor decoration or similar purposesother glasswarevalued over $3 but not over $5 each. However, since this article is more specially provided for as a non-electric lantern, consideration of classification under subheading 7013.99.8000, HTS, is precluded.

The applicable subheading for this non-electric lantern, style number 49508, 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.

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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