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NY N014057





July 23, 2007

CLA-2-94:RR:NC:1:110

CATEGORY: CLASSIFICATION

TARIFF NO.: 9405.50.4000

Ms. Martha De Castro
Bed Bath & Beyond
650 Liberty Ave.
Union, NJ 07083

RE: The tariff classification of a candle sconce from China.

Dear Ms. De Castro:

In your letter dated July 6, 2007 you requested a tariff classification ruling.

The merchandise under consideration is a Glass/Iron Wall Candleholder Sconce, SKU 14755420. A sample of the sconce was submitted with your ruling request and will be returned to you.

The wall sconce is constructed of two pieces of stamped steel separated by a curved glass shade. The steel pieces are cemented to the glass shade. The glass shade is decorated with a frosting that creates a white and clear floral design. This wall sconce measures approximately 7 inches high by 8 inches wide and is 3½ inches deep at its outermost point, creating the resemblance of half a drum shaped shade when mounted to a wall. The bottom steel piece of the sconce is a semicircular-shape platform with a wall mounting bracket extending up the back of this platform. This bracket features a single keyhole-shaped cutout, which is provided for mounting the sconce to a wall. Welded to the base of the mounting bracket is a round stamped steel socket, specifically sized to hold a tea light candle behind the glass shade.

The applicable subheading for the Glass/Iron Wall Candleholder Sconce, SKU 14755420, will be 9405.50.4000, Harmonized Tariff Schedule of the United States (HTSUS), which provides for “Lamps and lighting fittingsnot elsewhere specified or included: Non-electrical lamps and lighting fittings: Other: Other.” The general rate of duty will be 6 percent ad valorem.

Duty rates are provided for your convenience and are subject to change. The text of the most recent HTSUS and the accompanying duty rates are provided on World Wide Web at http://www.usitc.gov/tata/hts/.

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 Thomas Campanelli at 646-733-3016.

Sincerely,

Robert B. Swierupski
Director,

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