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NY K84528

April 13, 2004
CLA-2-94:RR:NC:1:108 K84528


TARIFF NO.: 9405.50.4000

Mr. Robert Pfriender
Allied Home Products, Ltd.
3 Steuben Drive
Jericho, NY 11753

RE: The tariff classification of a candle lantern with tealight candles from China.

Dear Mr. Pfriender:

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

The submitted sample is a set that consists of a candle lantern, including five tealight candles, which is referred to as the “Blackout Candle Lantern Kit,” model number BOCL-60. This non-electric lantern measures approximately 8 ¼ inches in height by 4 ¾ inches in diameter. It features a metal (tin) body, incorporating several star-shaped cutouts, that is surrounded by six glass panels with finely etched star-shaped motifs. Among these panels, there is a two-paneled door that opens to an interior with a metal (tin) receptacle designed for the insertion of a tealight candle. The lantern can be hung or carried by means of a small top handle. This merchandise at the time of importation is stated to be put up in a manner suitable for sale directly to the users without repacking, noting that the essential character of the set is imparted by the non-electric lantern.

The applicable subheading for the candle lantern with tealight candles 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 Michael Contino at 646-733-3014.


Robert B. Swierupski

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