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June 11, 1999

CLA-2-94:RR:NC:2:227 E82601

CATEGORY: CLASSIFICATION

TARIFF NO.: 9405.50.4000

Ms. Despina Keegan
Serko & Simon LLP
One World Trade Center, Ste. 3371
New York, NY 10048

RE: The tariff classification of a glass oil lamp from China.

Dear Ms. Keegan:

In your letter dated May 25, 1999, on behalf of Russ Berrie and Company, Inc., you requested a tariff classification ruling. Sample is being returned as requested.

The sample submitted is a globe-shaped hollow glass oil lamp, item number GW-9004AZ, which measures approximately 3 ½ inches in height and diameter. It features a one-half inch top opening for filling the oil lamp and inserting a T-shaped hollow glass wick holder that contains a braided reusable fiberglass wick. The exterior is decorated with swirls of color ostensibly via an etching process.

The applicable subheading for the glass oil lamp 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 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 George Kalkines at 212-637-7073.

Sincerely,

Robert B. Swierupski
Director,

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