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NY F86005




May 10, 2000

CLA-2-94:RR:NC:2:227 F86005

CATEGORY: CLASSIFICATION

TARIFF NO.: 9405.50.4000

Mr. Joseph R. Hoffacker
Barthco Trade Consultants, Inc.
7575 Holstein Avenue
Philadelphia, PA 19153

RE: The tariff classification of a non-electrical lamp from China.

Dear Mr. Hoffacker:

In your letter dated April 13, 2000, on behalf of Consolidated Stores, Inc., you requested a tariff classification ruling. Sample is being returned as requested.

The sample submitted is a box-shaped non-electrical tin lamp with open top, item number F138A, that measures approximately 6 inches high by 4 ¼ inches wide by 4 inches deep with an interior depth of 5 ¾ inches. It possesses the following features: perforated sides; a non three–dimensional Santa-like décor affixed to a frontal gridiron-like exterior; an interior narrow-like ring designed to accommodate the insertion of a candle (not included); and a top metal looped handle for carrying and hanging purposes.

The applicable subheading for this non-electrical lamp, item number F138A, 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.

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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