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NY N018362




October 23, 2007

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

CATEGORY: CLASSIFICATION

TARIFF NO.: 9405.99.4000; 3926.90.9980

Ms. Dana Praeger
Lamplight Farms
4900 North Lilly Road
Menomonee Falls, WI 53051-7035

RE: The tariff classification of lamp parts from China, Taiwan or Vietnam.

Dear Ms. Praeger:

In your letter dated October 5, 2007 you requested a tariff classification ruling.

The merchandise under consideration is a lamp burner assembly with wick and a plastic funnel. Samples of both items were submitted with your ruling request and will be returned to you.

The lamp burner assembly is the Clear-Vu™ Replacement Canister with Flameguard and wick. This assembly consists of a plastic bottle measuring approximately 7 inches tall with a diameter of 2½ inches with a 1 inch threaded opening. The canister has a capacity of 16 fluid ounces. The threaded opening screws into the metal Flameguard, which is a round metal umbrella-shaped canopy with a diameter of approximately 4 inches. The Flameguard supports a round braded wick comprised of cotton and fiberglass measuring approximately 8 inches long with a diameter of ½ inch. Assembled, the replacement canister is used with the Tiki® or Lamplight® trademark outdoor bamboo or metal torches. The plastic Funnel measures approximately 5 inches tall with an open top diameter of 3½ inches tapering into a ½ wide spout. The Funnel is used to fill the plastic bottle when empty. Both items are sold under the Tiki® or Lamplight® trademarks.

The applicable subheading for the Clear-Vu™ Replacement Canister with Flameguard and wick will be 9405.99.4000, Harmonized Tariff Schedule of the United States (HTSUS), which provides for “Lamps and lighting fittings...parts thereof not elsewhere specified or included: Parts: Other: Other.” The general rate of duty will be 6 percent ad valorem.

The applicable subheading for the plastic “Funnel” will be 3926.90.9980, HTSUS, which provides for “Other articles of plastics: Other: Other: Other.” The general rate of duty will be 5.3 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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