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NY F89431




August 2, 2000

CLA-2-94:RR:NC:2:227 F89431

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 candle lamp from China.

Dear Mr. Hoffacker:

In your letter dated July 7, 2000, on behalf of Consolidated Stores, Inc., you requested a tariff classification ruling.

The sample submitted is a square-shaped non-electrical candle lamp, item number K154, that measures approximately 7 ½ inches in height by 4 ¼ inches in width by 4 ¼ inches in depth. It consists of four glass panels, possessing floral-like designs, that are secured by a metal framework of tin. The bottom of the interior is incorporated with a metal band to form a receptacle, measuring about 3 inches in diameter, for the insertion of a candle (not included). It is noted that the candle is placed in the receptacle via one of the panels that functions as a door, while the top portion, simulating a slanted roof, has a metal loop-shaped handle for hanging.

The applicable subheading for this non-electrical candle lamp 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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