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NY K84500

April 13, 2004
CLA-2-94:RR:NC:1:108 K84500


TARIFF NO.: 9405.50.4000

Ms. Diana Lee
Cathy International
290 West Arrow Hwy.
San Dimas, CA 91773

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

Dear Ms. Lee:

In your letter dated March 16, 2004 you requested a tariff classification ruling.

The submitted samples are non-electric lamps that can be referred to as the “Red Rose Candle Lamp,” style number 77061, and the “Iris Candle Lamp,” style number 77057, which measure approximately 10 1/8 inches and 13 ¾ inches in height, respectively. Each lamp features a candlestick-shaped body, which is stated to be of “polystone,” with a top candle-like indentation. Moreover, there are wax lampshades, atop the bodies of both lamps, that are decorated in accordance with their names (red rose and iris) and wax-filled with top wicks.

The applicable subheading for these non-electric lamps 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 Michael Contino at 646-733-3014.


Robert B. Swierupski

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