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NY L84172

May 2, 2005

CLA-2-94:RR:NC:1:108 L84172


TARIFF NO.: 9405.50.4000; 3406.00.0000

Ms. Rita M. Powell
FTD, Inc.
3113 Woodcreek Drive
Downers Grove, IL 60515

RE: The tariff classification of an unassembled non-electric hurricane lamp, as well as a candle and some artificial branches from China.

Dear Ms. Powell:

In your letter dated April 14, 2005, you requested a tariff classification ruling.

The subject merchandise, based on the submitted samples, consists of the following articles:
an unassembled non-electric hurricane lamp that consists of a plastic cylinder-like stand, measuring nearly 2 ½ inches high, which is opened at both ends and is incorporated within the midsection of an oblong-shaped plastic base serving as a flower tray. The stand is designed to accommodate the insertion of a metal (non-brass) taper candleholder, which is incorporated within the midsection of a shallow metal (non-brass) receptacle measuring about 3 inches in diameter. There is also a decorative hurricane-styled glass chimney, measuring about 7 inches in height, that is designed to be inserted into this receptacle.
a 6-inch taper candle.
several artificial branches, which are referred to as “Ice Pics.”

The applicable subheading for the unassembled non-electric hurricane 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 applicable subheading for the taper candle will be 3406.00.0000, HTS, which provides for candles, tapers and the like. The rate of duty will be free.

The candle in question may be subject to antidumping duties or countervailing duties. A list of AD/CVD proceedings at the Department of Commerce (DOC) and their product coverage can be obtained from the DOC website 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 and Border Protection.

Your inquiry does not provide enough information for us to give a classification ruling on the artificial branches (Ice Pics). Your request for a classification ruling should include the identification of the material composition making up the components of each branch. When this information is available, you may wish to consider resubmission of your request. We are returning any related samples, exhibits, etc. If you decide to resubmit your request, please include all of the material that we have returned to you.

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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