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NY H88004




February 12, 2002

CLA-2-94:RR:NC:2:227 H88004

CATEGORY: CLASSIFICATION

TARIFF NO.: 9405.50.4000

Ms. Pilar Dorfman
E. Besler & Company
Customs Broker
P.O. Box 66361
Chicago, IL 60666-0361

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

Dear Ms. Dorfman:

In your letter dated January 18, 2002, on behalf of LTD Commodities, Inc., you requested a tariff classification ruling. Sample is being returned as requested.

The sample submitted is a non-electric garden torch, referred to as the “Rustic Garden Torch” (item number 138781), that depicts a metal pole-shaped oil lamp measuring about 5 feet in overall height. It features an opened elongated conical holder of metal, affixed to the top portion of the pole, that is decorated with ivy leaves and translucent multicolored marbles. It has a cylinder-shaped metal oil lamp casing, measuring nearly 8 ½ inches high, that possesses an umbrella-like top and textile wick, noting the attachment of a chain with cylinder-like metal cap for extinguishing the flame. The casing is designed to be inserted into the decorative holder, while the metal pole is affixed to a four-legged metal stake for insertion into the ground.

The applicable subheading for this non-electric garden torch 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.

In regard to your query concerning import restrictions, there is currently no visa or quota requirement with respect to this merchandise.

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 646-733-3028.

Sincerely,

Robert B. Swierupski
Director,

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