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NY K83148

March 8, 2004
CLA-2-94:RR:NC:1:127 K83148


TARIFF NO.: 9405.50.4000

Mr. Peter W. Klestadt
Grunfeld, Desiderio, Lebowitz, Silverman & Klestadt, LLP Counselors at Law
399 Park Avenue, 25th Floor
New York, NY 10022-4877

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

Dear Mr. Klestadt:

In your letter dated February 5, 2004, on behalf of Shonfeld’s (U.S.A.), Inc., you requested a tariff classification ruling. Sample is being returned as requested.

The submitted sample is a cylinder-like unfilled oil lamp that is stated to consist of a paraffin wax-covered glass bottle that measures approximately 5 ½ inches in height by 2 ¾ inches in diameter. It also features a reusable cotton wick with plastic wick-holder that is designed to be inserted into the lamp’s top opening. It is wrapped in a clear-transparent plastic outer cover that is intended to be discarded before use.

The applicable subheading for this unfilled 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.

You have requested this office to address the applicability of antidumping-duties in regard to this merchandise. A list of AD/CVD proceedings at the Department of Commerce (DOC) and their product coverage can be obtained from the DOC web-site 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, 14th Street and Constitution Avenue, N.W. Washington, DC 20230. Written decisions regarding the scope of AD/CVD orders are issued by the Import Administration in the Department of Commerce and are separate from tariff classification and origin rulings issued by Customs.

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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