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NY A85557

July 30, 1996

CLA-2-94:RR:NC:GI: 227 A85557

CATEGORY: CLASSIFICATION

TARIFF NO.: 9405.50.4000

Ms. Tina M. James

World Commerce Systems, Ltd.

830 Dillon Drive

Wood Dale, IL 60191

RE: The tariff classification of an oil lamp holder from China.

Dear Ms. James:

In your letter dated July 3, 1996, on behalf of Intersource, Inc., you requested a tariff classification ruling.

The merchandise at issue is a bamboo oil lamp holder which measures approximately 4 3/4 feet in height with a top cone-shape basket measuring 3 1/2 inches along its diameter. It is noted that the "basket area" will be utilized as the base for an oil lamp that will be inserted after importation. It also possesses a cylindrical-shape wooden snuffer, affixed via a ribbon-like string to the bottom portion of the basket, that serves to quench the flame and rest over the wick of the oil lamp, noting this snuffer can also remain outside the basket.

You claim that this item should be properly classified under subheading 1401.90.4000, Harmonized Tariff Schedule of the United States (HTS), which provides for other vegetable materials of a kind used primarily for plaiting. However, since the subject merchandise is more specifically provided for elsewhere, consideration of classification under the above subheading is precluded.

The applicable subheading for the oil lamp holder will be 9405.50.4000, Harmonized Tariff Schedule of the United States (HTS), which provides for other non-electrical lamps and lighting fittings. The rate of duty will be 7 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 letter 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

George Kalkines at 212-466-5794.

Sincerely,


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See also:

• Tariff No.: 1401.90.40 - Lime bark, raffia, reeds, rushes, cleaned, bleached or dyed cereal straw, other vegetable materials nesi, used primarily for plaiting
• Tariff No.: 9405.50.40 - Non-electrical lamps and lighting fixtures nesoi, not of brass