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NY G89968




May 1, 2001

CLA-2-94:RR:NC:2:227 G89968

CATEGORY: CLASSIFICATION

TARIFF NO.: 9405.50.4000

Mr. Jerry Bruch
American Distribution Company
8 Penn Center
1628 JFK Blvd.
Philadelphia, PA 19103

RE: The tariff classification of candleholder and other non-electrical lamps from China.

Dear Mr. Bruch:

In your letter dated March 29, 2001, you requested a tariff classification ruling.

The samples submitted consist of the following ceramic (dolomite) lamps:
a candleholder, item number 20009, that measures approximately 2 3/8 inches in height with an open top diameter of 2 ¼ inches. It features an exterior decorated with raised dragonfly and foliage-like motifs.
a non-electrical lamp, item number 20008, that measures approximately 6 7/8 inches in overall height. It has a round-shaped holder, possessing a disk-shaped base, that measures about 4 1/8 inches in height with an interior depth of 1 ½ inches and an open top diameter of 1 7/8 inches. It also features a shade, with top and bottom openings, that measures nearly 3 ¼ inches high with bottom diameter of 5 inches. The shade is designed to be placed upon the rim of the holder. Both the base of the holder and the exterior of the shade are decorated with a raised foliage-like motif in noting the shade also has a raised dragonfly motif with cutout wings. The receptacle area of this lamp is designed to contain a votive candle (not included).
a non-electrical lamp, item number 20007, that measures approximately 8 ¼ inches in overall height. It possesses a cylindrical-shaped holder measuring about 4 ½ inches in height with top and bottom diameters of 4 7/8 inches. There is also a shade, with top and bottom openings, that measures nearly 4 inches in height with bottom diameter of 6 ½ inches. The shade is designed to be placed atop of the holder in noting this holder will contain a pillar candle (not included). Both the exteriors of the holder and shade are decorated with the raised motifs of foliage, in addition to dragonflies with cutout wings.

The applicable subheading for these ceramic lamps 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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