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NY K80461

November 21, 2003
CLA-2-94:RR:NC:1:127 K80461


TARIFF NO.: 9405.50.4000

Mr. Shachar Gat
Shonfeld’s USA, Inc.
16871 Noyes Avenue
Irvine, CA 92606

RE: The tariff classification and marking of an oil lamp from China.

Dear Mr. Gat:

In your letter dated October 23, 2003, you requested a tariff classification and marking ruling.

The submitted sample is a bottle-shaped glass oil-filled lamp, referred to as the “Illuma Oil Candle” (item number LMP-205858), that measures about 9 ½ inches in height and contains natural flowers and clear glass marbles. This lamp has a securely wrapped screw-on cap that when removed is designed to accommodate a fiberglass wick inserted into a small cylindrical cap-like metal receptacle. The wick and its receptacle are packed in a small textile net bag attached to the lamp’s neck. There is a warning hangtag, on the dangers of product misuse, that is also affixed to the lamp’s neck. Moreover, this tag shows the importer’s U.S. address as well as the acronym, “USA,” but no indication of the country of origin.

The applicable subheading for this oil 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.

The marking statute, 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.

Section 134.46, Customs Regulations (19 CFR 134.46), deals with cases in which the words "United States," or "American," the letters "U.S.A.," any variation of such words or letters, or the name of any city or locality in the United States, or the name of any foreign country or locality other than the country or locality in which the article was manufactured or produced, appears on an imported article or its container, and those words, letters or names may mislead or deceive the ultimate purchaser as to the actual country of origin. In such a case, there shall appear, legibly and permanently, in close proximity to such words, letters, or name, and in at least a comparable size, the name of the country of origin preceded by "Made in," Product of," or other words of similar meaning.

In order to satisfy the close proximity requirement, the country of origin marking must generally appear on the same side(s) or surface(s) in which the name or locality other than the actual country of origin appears.

In this regard, the subject merchandise, which is not marked anywhere with the country of origin, should be marked in accordance with the above-stated marking requirements of 19 U.S.C.1304 and 19 CFR Part 134.

The importation of merchandise containing natural flowers, as in the above-described product, may be subject to regulations or restrictions administered by the U.S. Department of Agriculture, Animal and Plant Health Division (APHIS). You are advised, in regard to obtaining information on these regulations, to contact the aforementioned agency at the following location:

U.S. Department of Agriculture
Plant Protection and Quarantine Permit Unit 4700 River Road, Unit 136
Riverdale, MD 20737-1236
Telephone number: 877-770-5990

This merchandise may also be subject to the requirements of the Toxic Substances Control Act administered by the U.S Environmental Protection Agency. You may contact them at 402 M Street, S.W., Washington, D.C. 20460, phone number (202) 554-1404.

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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