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NY H82995




July 17, 2001

CLA-2-94:RR:NC:2:227 H82995

CATEGORY: CLASSIFICATION

TARIFF NO.: 9405.50.4000; 9601.90.2000

Ms. Alice Liu
Atico International, Inc.
P.O. Box 14368
Ft. Lauderdale, FL 33302

RE: The tariff classification of a non-electrical lantern and photo frame from the Philippines.

Dear Ms. Liu:

In your letter dated June 20, 2001, you requested a tariff classification ruling. Samples are being returned as requested.

The samples submitted consist of the following articles:
a non-electrical open top quadrilateral-shaped lantern (style number S29I9303), measuring about 6 inches in height by 2 5/8 inches in width and depth, that is composed of a metal framework with a body of capiz shells. Its interior features a bottom ring-shaped metal receptacle for a small candle (not included) which is accessed via a full-length exterior door. It also possesses a pyramid-like metal wire top with a small hanging loop that will be affixed to a pole-shaped metal stand measuring about 12 inches high.
a photo frame, style number S60A9075, that measures approximately 10 ¼ inches in height by 8 ¼ inches wide. It features a scalloped exterior of capiz with an oblong-shaped glass picture cover and paperboard backing with an easel-like stand.

The applicable subheading for the non-electrical lantern 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.

The applicable subheading for the photo frame of capiz will be 9601.90.2000, HTS, which provides for worked ivory, bone, tortoise-shell, horn, antlers, coral, mother-of-pearl and other animal carving material, and articles of these materials (including articles obtained by molding): other: worked shell and articles thereof. The rate of duty will be free. Articles classifiable under subheading 9405.50.4000, HTS, which are products of the Philippines are currently entitled to duty free treatment under the Generalized System of Preferences (GSP) upon compliance with all applicable regulations. The GSP, however, is subject to modification and periodic suspension, which may affect the status of your transaction at the time of entry for consumption or withdrawal from warehouse. To obtain current information on GSP, check the Customs Web site at www.customs.gov. At the Web site, click on "CEBB" and then search for the term "GSP".

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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